The Electricity Works (Environmental Impact Assessment) (Scotland) Regulations 2000

Procedure to facilitate preparation of an environmental statement

8.—(1) A prospective applicant may give the Scottish Ministers notice in writing that he intends to make an application for a section 36 consent or a section 37 consent in relation to any development and to submit an environmental statement with his application.

(2) A notice under paragraph (1) shall include the information necessary to identify, or be accompanied by documents identifying, the location and the nature and purpose of the proposed development, and shall indicate the main environmental consequences to which the prospective applicant proposes to refer to in his environmental statement.

(3) Where the Scottish Ministers receive such a notice as is mentioned in paragraph (1) they shall–

(a) give notice to the appropriate consultative bodies (and such other persons that are in their opinion likely to be concerned by the proposed development by reason of their specific environmental responsibilities) in writing of the name and address of the prospective applicant and of the duty imposed upon them by regulation 15 to make information available to the prospective applicant;

(b) give notice to the prospective applicant in writing of the names and addresses of the consultative bodies and persons so notified.

(4) Where an application for a section 36 consent or a section 37 consent in relation to development has been made without an environmental statement, and–

(a) the Scottish Ministers have given notice to the applicant pursuant to regulation 3 or 6 that the development constitutes EIA development; or

(b) the applicant has informed the Scottish Ministers that he proposes to submit an environmental statement,

the Scottish Ministers shall take the action specified in paragraph (3)(a) and (b) which shall be read as if references to the prospective applicant were references to the applicant.