The Environmental Assessment (Scotland) Regulations 1988

Application for direction to the Secretary of State

38.—(1) An application to the Secretary of State under regulation 37(2)(b) or (c) for a direction shall be accompanied by—

(a) a copy of the applicant’s electricity application;

(b) a copy of any document relating to the electricity application;

(c) a brief description of the nature and purpose of the proposed development and of its possible effects on the environment;

(d) a copy of any view expressed by the Secretary of State under regulation 37(1); and

(e) any representations which the applicant wishes to make.

(2) At the same time as applying for a direction from the Secretary of State, the applicant shall send to the planning authority a copy of his application for a direction and of all other documents specified in paragraph (1).

(3) The planning authority may within 2 weeks of the date of the receipt of the documents sent to them under paragraph (2) make written comments to the Secretary of State on any matter relating to the application for a direction, and in so doing shall send a copy of such comments to the applicant.

(4) Where the Secretary of State considers that the documents put before him do not provide him with sufficient information to enable him to give a direction, the applicant and, as appropriate, the planning authority shall supply him with such further information as he may request, and the supplier of the information shall at the same time send a copy of that information to the planning authority or to the applicant, as appropriate.

(5) If on the expiry of 4 weeks from the receipt by the Secretary of State of the application referred to in paragraph (1) (or such longer period as the Secretary of State may, during the said 4 weeks, or any period so extended, notify in writing to the applicant and the planning authority) the Secretary of State does not issue a direction, he shall be deemed to have directed that consideration of environmental information shall be required.