The Environmental Impact Assessment (Transport) (EU Exit) (Scotland) (Amendment) Regulations 2019

Amendment of the Transport and Works (Scotland) Act 2007

3.—(1) The Transport and Works (Scotland) Act 2007(1) is amended as follows.

(2) In section 4(7) (applications), the words from “any” to “includes” are repealed.

(3) In section 5 (cases where other Member States are affected)—

(a) in the heading the word “other” is repealed,

(b) in subsection (1), for “another” substitute “a”,

(c) in subsection (2)—

(i) for “another” substitute “a”,

(ii) in paragraph (a), for “the other” substitute “that”,

(iii) in paragraph (b), for “the other” substitute “that”.

(4) In section 12 (publicity for making or refusal of order)—

(a) in subsection (8), for the words from “an organisation” to the end of the subsection substitute—

“any non-governmental organisation promoting environmental protection and meeting any requirements under the law of any part of the United Kingdom is deemed to—

(a) have an interest for the purposes of Article 11(1)(a) of the relevant directive, and

(b) rights capable of being impaired for the purposes of Article 11(1)(b) of that directive”,

(b) after subsection (8), insert—

“(8A) For the purpose of subsection (8), Article 11(1) of the relevant directive is to be read as if the reference to—

(a) “Member States” were a reference to “The Scottish Ministers”,

(b) “a Member State” were a reference to “Scotland”.”,

(c) in subsection (9) for “and (8)” substitute “, (8) and (8A)”.

(5) in section 20A (monitoring measures)—

(a) in subsection (2)(b), the words from “Union legislation” to “or” are repealed,

(b) in subsection (5), paragraph (a) is repealed.

(1)

2007 asp 8, as relevantly amended by S.S.I. 2017/138 and S.S.I. 2019/322.