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).