Environmental Assessment (Scotland) Act 2005

5 Qualifying plans and programmes S

(1) In this Act, qualifying plans and programmes are plans and programmes of a description set out in subsection (3) or (4)—

(a) in respect of which the first formal preparatory act is on or after the coming into force of this section; and

(b) which are not exempt by virtue of section 7(1) or 8(2).

(2) But a plan or programme is a qualifying plan or programme only to the extent that it relates to matters of a public character.

(3) The description set out in this subsection is a plan or programme (to which this Act applies) which is required by a legislative, regulatory or administrative provision and—

(a) which—

(i) is prepared for agriculture, forestry, fisheries, energy, industry, transport, waste management, water management, telecommunications, tourism, town and country planning or land use; and

(ii) sets the framework for future development consent of projects listed in schedule 1;

(b) which, in view of the likely effect on sites, has been determined to require an assessment pursuant to [F1 any [F2 assimilated] law extending to Scotland which implemented] Article 6 or 7 of Council Directive 92/43/EEC on the conservation of natural habitats and of wild flora and fauna (as last amended by [F3 Council Directive 2013/17/EU]); or

(c) which does not fall within paragraph (a) or (b) but sets the framework for future development consent of projects.

(4) The description set out in this subsection is a plan or programme (to which this Act applies)—

(a) which is prepared by a responsible authority as specified in, or by virtue of, section 2(4); and

(b) which—

(i) is not a plan or programme of a description set out in subsection (3); and

(ii) is not of a type specified in, or by virtue of, section 6(1).

(5) The Scottish Ministers may by order modify schedule 1.

Textual Amendments

F1 Words in s. 5(3)(b) inserted (31.12.2020) by The Environmental Assessment (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/178), regs. 1(2)(b), 3(2); 2020 c. 1, Sch. 5 para. 1(1)

F2 Word in s. 5(3)(b) substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) (Scotland) Regulations 2023 (S.S.I. 2023/374), reg. 1(1), sch. 1 para. 5(2)

F3 Words in s. 5(3)(b) substituted (30.6.2019) by The Environmental Assessment (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/178), regs. 1(2)(a), 2(2)

Commencement Information

I1 S. 5 in force at 20.2.2006 by S.S.I. 2006/19, art. 2