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The Environmental Impact Assessment (Scotland) Regulations 1999

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Requests for screening directions of the Scottish Ministers

6.—(1) A person who pursuant to regulation 5(6) requests the Scottish Ministers to make a screening direction shall submit with his request–

(a)a copy of his request to the relevant planning authority under regulation 5(1) and the documents which accompanied it;

(b)a copy of any notification under regulation 5(3) which he has received and of any response;

(c)a copy of any screening opinion he has received from the authority and of any accompanying statement of reasons; and

(d)any representations that he wishes to make.

(2) When a person makes a request pursuant to regulation 5(6), he shall send to the relevant planning authority a copy of that request and of any representations he makes to the Scottish Ministers, and that authority may, within two weeks of receiving those documents, provide the Scottish Ministers with their comments on the request and representations.

(3) The Scottish Ministers shall, if they consider that they have not been provided with sufficient information to make a screening direction, notify in writing the person making the request pursuant to regulation 5(6) of the points on which they require additional information, and may request the relevant planning authority to provide such information as they can on any of those points.

(4) The Scottish Ministers shall make a screening direction within three weeks beginning with the date of receipt of a request pursuant to regulation 5(6) or such longer period as they may reasonably require.

(5) The Scottish Ministers shall send a copy of any screening direction made pursuant to paragraph (4) forthwith to the person who made the request.

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