- Latest available (Revised)
- Point in Time (16/05/2017)
- Original (As enacted)
Version Superseded: 31/12/2020
Point in time view as at 16/05/2017.
Roads (Scotland) Act 1984, Paragraph 7 is up to date with all changes known to be in force on or before 07 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
7(1)F1... after considering objections (if any) to the proposed order or, as the case may be, the order which are not withdrawn and, where a local inquiry is held, the report of the person who held the inquiry, the Secretary of State may [F2— S
(a)make or confirm the order (with or without modifications); or
(b)where the order is subject to the affirmative procedure by virtue of section 143A(3) of this Act, lay before the Scottish Parliament a draft statutory instrument containing the order (with or without modifications).]
[F3(1A)Where the Scottish Ministers have published an [F4EIA report] they shall take into consideration–
[F7(b)any opinion on that [F5report] or the project which is expressed in writing by any of the consultation bodies or by any other person and is received by the Scottish Ministers within any period specified for the purpose by them; and
(c)where section [F820F] applies and the EEA State has indicated in accordance with subsection (4) of that section that it wishes to participate in the environmental impact assessment procedure, any opinion on that [F5report] or the project which is expressed in writing by the EEA State, by a member of the public in the EEA State or by any of the authorities referred to in Article 6(1) of the Directive and is received by the Scottish Ministers within any period specified for the purpose by them.]
[F9(1B)When the Scottish Ministers have decided whether to proceed with the project in relation to which an environmental impact assessment has been made they must publish their decision together with a statement confirming they have complied with sub-paragraph (1A) and must notify the consultation bodies by sending to them copies of documents containing—
(a)a description of the project,
(b)the terms of the decision,
(c)the main reasons and considerations on which the decision is based,
(d)information about the arrangements taken to ensure the public had the opportunity to participate in the decision making procedures,
(e)a summary of—
(i)the environmental information, and
(ii)the results of the consultations and information gathered pursuant to section 20C and, where relevant, section 20F, and how those results, in particular comments received from another EEA State pursuant to consultation under section 20F, have been incorporated or otherwise addressed,
(f)if the decision is to proceed with the project—
(i)any conditions to which the decision is subject,
(ii)the reasoned conclusion referred to in section 20B(1)(d),
(iii)a statement that the Scottish Ministers are satisfied that the reasoned conclusion is still up to date,
(iv)a description of any features of the project and any measures envisaged in order to avoid, prevent or reduce and, if possible, offset likely significant adverse effects on the environment,
(v)a description of any monitoring measures required under section 20G, and
(g)information regarding the right to challenge the validity of the decision and the procedures for doing so,
and at the same time must make such documents available to the public.]
[F10(1BA)Where—
(a)the Scottish Ministers publish under sub-paragraph (1B) above a decision to proceed with a project; and
[F11(b)the order giving effect to that decision is subject to the affirmative procedure by virtue of section 143A(3) of this Act,]
they shall publish together with the decision a statement to the effect that [F12the order cannot be made unless the Scottish Parliament, by resolution, approves a draft statutory instrument containing it] .]
[F13(1BB)For the purposes of sub-paragraph (1B)(f)(iii) the reasoned conclusion referred to in section 20B(1)(d) is still up to date if the Scottish Ministers are satisfied, having regard to current knowledge and methods of assessment, that the reasoned conclusion addresses the likely significant effects of the project on the environment.]
[F14(1C)Any requirement for publication in connection with an environmental impact assessment shall be met by publication—
(a)in the Edinburgh Gazette,
(b)in at least one local newspaper circulating in the area in which the project is situated, and
(c)on the website the Scottish Ministers use for the purpose of giving information to the public about projects of a category into which the project in question falls.]
[F15(1D)Any non-governmental organisation promoting environmental protection and meeting any requirements under the law shall be deemed to have an interest for the purposes of Article [F1611] (a) of the Directive and rights capable of being impaired for the purposes of Article [F1611] (b) of the Directive.]
(2)The power under this paragraph to make or confirm the order includes power to make or confirm it so far as relating to part of the proposals contained in it (either without modification or subject to such modifications as he thinks fit) while deferring consideration of the remaining part.]
Textual Amendments
F1Words in Sch. 1 para. 7(1) repealed (28.12.2007) by Transport and Works (Scotland) Act 2007 (asp 8), s. 30(4), sch. 3; S.S.I. 2007/516, art. 2 (with S.S.I. 2007/517, arts. 1(1), 4(2)-(4))
F2Words in Sch. 1 para. 7(1) substituted (11.11.2011) by The Interpretation and Legislative Reform (Scotland) Act 2010 (Consequential, Savings and Transitional Provisions) Order2011 (S.S.I. 2011/396), arts. 1, 14(a) (with art. 16)
F3Sch. 1 para. 7(1A)-(1C) substituted for Sch. 1 para. 7(1A)(1B) (1.8.1999) by S.S.I. 1999/1, reg. 52
F4Words in Sch. 1 para. 7(1A) substituted (16.5.2017) by The Roads (Scotland) Act 1984 (Environmental Impact Assessment) Regulations 2017 (S.S.I. 2017/137), regs. 1, 9(a)(i) (with reg. 12)
F5Word in Sch. 1 para. 7(1A) substituted (16.5.2017) by The Roads (Scotland) Act 1984 (Environmental Impact Assessment) Regulations 2017 (S.S.I. 2017/137), regs. 1, 9(a)(ii) (with reg. 12)
F6Word in Sch. 1 para. 7(1A) omitted (1.2.2007) by virtue of The Environmental Impact Assessment (Scotland) Amendment Regulations 2006 (S.S.I. 2006/614), regs. 1, 6(5)(a)
F7Sch. 1 para. 7(1A)(b)(c) substituted for Sch. 1 para. 7(1A)(b) (1.2.2007) by The Environmental Impact Assessment (Scotland) Amendment Regulations 2006 (S.S.I. 2006/614), regs. 1, 6(5)(a)
F8Word in Sch. 1 para. 7(1A) substituted (16.5.2017) by The Roads (Scotland) Act 1984 (Environmental Impact Assessment) Regulations 2017 (S.S.I. 2017/137), regs. 1, 9(a)(iii) (with reg. 12)
F9Sch. 1 para. 7(1B) substituted (16.5.2017) by The Roads (Scotland) Act 1984 (Environmental Impact Assessment) Regulations 2017 (S.S.I. 2017/137), regs. 1, 9(b) (with reg. 12)
F10Sch. 1 para. 7(1BA) inserted (28.12.2007) by Transport and Works (Scotland) Act 2007 (asp 8), ss. 24(4)(a), 30(4); S.S.I. 2007/516, art. 2
F11Sch. 1 para. 7(1BA)(b) substituted (11.11.2011) by The Interpretation and Legislative Reform (Scotland) Act 2010 (Consequential, Savings and Transitional Provisions) Order2011 (S.S.I. 2011/396), arts. 1, 14(b)(i) (with art. 16)
F12Words in Sch. 1 para. 7(1BA) substituted (11.11.2011) by The Interpretation and Legislative Reform (Scotland) Act 2010 (Consequential, Savings and Transitional Provisions) Order2011 (S.S.I. 2011/396), arts. 1, 14(b)(ii) (with art. 16)
F13Sch. 1 para. 7(1BB) inserted (16.5.2017) by The Roads (Scotland) Act 1984 (Environmental Impact Assessment) Regulations 2017 (S.S.I. 2017/137), regs. 1, 9(c) (with reg. 12)
F14Sch. 1 para. 7(1C) substituted (16.5.2017) by The Roads (Scotland) Act 1984 (Environmental Impact Assessment) Regulations 2017 (S.S.I. 2017/137), regs. 1, 9(d) (with reg. 12)
F15Sch. 1 para. 7(1D) inserted (1.2.2007) by The Environmental Impact Assessment (Scotland) Amendment Regulations 2006 (S.S.I. 2006/614), regs. 1, 6(5)(d)
F16Word in Sch. 1 para. 7(1D) substituted (16.5.2017) by The Roads (Scotland) Act 1984 (Environmental Impact Assessment) Regulations 2017 (S.S.I. 2017/137), regs. 1, 9(e) (with reg. 12)
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: