SCHEDULE 2Flood protection schemes: procedure etc.
Ministerial call-in
I16
1
Where the Scottish Ministers receive a notice under paragraph 5(5) and any relevant objector is a local authority or a National Park authority, the Scottish Ministers must consider the proposed flood protection scheme.
2
Otherwise, the Scottish Ministers must, within 28 days of receipt, advise the local authority proposing the scheme either—
a
that they will not consider the proposed scheme, or
b
that they will consider the proposed scheme.
3
In making their decision under sub-paragraph (2), the Scottish Ministers must have regard to—
a
the extent of the proposed operations,
b
the likely reduction in flood risk that will result from the completion of those operations,
c
the nature of the objections made,
d
the likely effect on the objectors of the scheme being confirmed, and
e
the extent to which the objections appear to raise issues of disputed fact.
4
The Scottish Ministers may extend the period mentioned in sub-paragraph (2) by up to 28 days if—
a
they require more time to consider their decision under that sub-paragraph, and
b
the period has not expired.
5
The Scottish Ministers must notify the local authority proposing the scheme of any decision under sub-paragraph (4) to extend the period as soon as reasonably practicable after making that decision.
6
The local authority proposing the scheme must provide such further information as the Scottish Ministers request for the purpose of making their decision under sub-paragraph (2).