Explanatory Notes

Transport and Works (Scotland) Act 2007

2007 asp 8

14 March 2007

The Act – Section by Section

Part 1 – Orders Authorising Works Etc.

Procedure for making orders

Section 5: Cases where other Member States are affected

24.This section clarifies the position in respect of the international obligations of the Scottish Ministers to ensure that other Member States of the European Economic Area (which includes the nations of the European Community plus Norway, Iceland and Lichtenstein) are notified of developments that are likely to affect them or are provided with information on request if they are likely to be significantly affected by any proposed development.

25.Subsection (1) provides the Scottish Ministers with power to make rules regarding the provision of information, the consultation process and how the Scottish Ministers will notify other Member States of matters relating to their decision.

26.Subsection (2) confirms the context for the actions of the Scottish Ministers, as described within the rules. Subsection (3) provides the reference for which states constitute a Member State.