Flood Risk Management (Scotland) Act 2009

Final decision following preliminary decision

9 (1) Unless paragraph 7 applies, the local authority must make a final decision in relation to the proposed scheme by—

(a) confirming the proposed scheme without modifications,

(b) confirming the proposed scheme with modifications, or

(c) rejecting the proposed scheme.

(2) Before making a final decision, a local authority must consider—

(a) any valid objections (unless withdrawn),

(b) any late objection if the authority is satisfied that it was reasonable for the objector to make the objection after the deadline for doing so, and

(c) any representations made at a hearing held under paragraph 8.

(3) A local authority may not confirm a scheme with modifications unless it has—

(a) given notice of the proposed modifications to the relevant objectors and anyone else who the local authority considers is affected by them at least 28 days before confirming the scheme,

(b) given those persons an opportunity to make objections about the proposed modifications, and

(c) considered any objections so made.