The Environmental Assessment (Scotland) Regulations 1988

New section 55A

71.  The following section shall be inserted after section 55:—

“Environmental assessment of certain road improvement projects

55A.— (1) In any case where the Secretary of State has under consideration—

(a) the making of an order such as is mentioned in paragraph 1 of Schedule 1 to this Act relating to the improvement of a road, or

(b) the improvement of a road without such an order,

he shall determine before the relevant date whether or not the project falls within Annex I or Annex II to Council Directive No 85/337/EEC on the assessment of the effects of certain public and private projects on the environment.

(2) If he determines that the project falls within Annex I, or that it falls within Annex II and has such characteristics that it should be made subject to an environmental assessment, he shall publish an environmental statement not later than the relevant date.

(3) In this section “the relevant date” means—

(a) in a case falling within paragraph (a) of subsection (1) above, the date of the publication of the draft order; and

(b) in a case falling within paragraph (b), the date of the publication of details of the project.

(4) If the Secretary of State publishes an environmental statement under this section, he shall ensure that the public concerned is given an opportunity to express an opinion before the project is initiated.

(5) If on completion of the project any part of the road would lie on, or within 100 metres of, land such as is mentioned in section 20A(5) of this Act, the Secretary of State shall ensure that the appropriate environmental body is given an opportunity to express an opinion before the project is initiated.

(6) In a case falling within subsection (1)(b) above, the Secretary of State—

(a) shall consider—

(i) the environmental statement;

(ii) any opinion expressed by a member of the public; and

(iii) if the statement relates to land such as is mentioned in section 20A(5) of this Act, any opinion expressed by the appropriate environmental body; and

(b) shall publish his decision as to whether or not to initiate the project.

(7) This section does not apply—

(a) where a draft order relating to an improvement is published before the coming into force of the Environmental Assessment (Scotland) Regulations 1988; or

(b) where the Secretary of State has under consideration before that date the making of an improvement without an order.”.