Nature Conservation (Scotland) Act 2004

Supplementary

21 Advisory Committee on sites of special scientific interest

(1) There is to continue to be a committee (“the Advisory Committee”) with the advisory function relating to sites of special scientific interest conferred on it by this section.

(2) The convener and other members of the Advisory Committee are to be appointed by the Scottish Ministers, on such terms and conditions as they may determine, from among persons appearing to them to have scientific qualifications and experience in relation to flora or fauna or the geological or geomorphological features of land.

(3) Those terms and conditions must include arrangements for the payment by SNH of remuneration and allowances.

(4) A member of SNH, or of any committee appointed by it, may not be appointed to the Advisory Committee.

(5) The Scottish Ministers may, from time to time, give directions to the Advisory Committee as to its procedure.

(6) Subsection (8) applies where—

(a) any person with an interest in land which is a site of special scientific interest makes a representation to SNH in relation to—

(i) any reason specified in an SSSI notification, or notification under section 5(1), in pursuance of section 3(4)(a)(ii), or

(ii) any reason specified in a notification under subsection (1) of section 9 in pursuance of subsection (4)(a)(ii) of that section,

(b) that person does not agree to withdraw the representation, and

(c) the condition set out in subsection (7) is met.

(7) That condition is that the representation is made—

(a) before the expiry of the time limit for making representations in pursuance of paragraph 3(c) of schedule 1 with respect to the notification in question, or

(b) if that time limit has expired, not less than 10 years have elapsed from the date—

(i) on which the last such representation was made, or

(ii) where no such representation has been made previously, on which the notification in question was given.

(8) Where this subsection applies SNH must—

(a) refer the matter to the Advisory Committee,

(b) consider any advice given by the Advisory Committee on the matter, and

(c) take such action as it thinks fit in consequence of any such advice.

22 SSSI register

(1) The Keeper of the Registers of Scotland (“the Keeper”) must keep a register containing—

(a) such information relating to SSSI notifications as may be required by regulations under subsection (3), and

(b) such information relating to—

(i) notifications given under section 5(1), 6(5), 7(3), 8(1) or 9(1),

(ii) notices given under paragraph 10 or 15 of schedule 1,

as may be so required.

(2) The Keeper must ensure that the register is, at all reasonable times, available for public inspection.

(3) The Scottish Ministers may by regulations make provision—

(a) as to the form and manner in which the register is to be kept,

(b) as to the information which the register is to contain,

(c) as to amendment of the register,

(d) requiring SNH to send to the Keeper for registration in the register, in such form and manner as the regulations may specify, copies of the notifications and notices specified in subsection (1)(a) and (b) and such other documents and information as the regulations may specify,

(e) as to the provision, on payment of such fee (if any) as may be so specified, of reports in relation to the register and copies and extracts of information in the register and as to the evidential value of such copies and extracts.