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The Transport and Works (Scotland) Act 2007 (Applications and Objections Procedure) Amendment Rules 2017
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Insertion of rule 26
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15. After rule 25 (power to set later time limits) insert—
“Competent authority – avoidance of conflict of interest
26.—(1) The Scottish Ministers are to perform their duties arising under these Rules in an objective manner and so as not to find themselves in a situation giving rise to a conflict of interest.
(2) Where the Scottish Ministers are considering whether to make an order under section 6 of the Act which would authorise a project which—
(a)is of a type mentioned in Annex I to the Directive; or
(b)is of a type mentioned in Annex II to the Directive and which is likely to have significant effects on the environment by virtue of factors such as its nature, size or location,
they are to implement within their organisation of administrative competences an appropriate separation between conflicting functions when performing their duties under these Rules.”.
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