Scottish Statutory Instrument SI 2017 Scotland

Electricity Works (Environmental Impact Assessment) (Scotland) Regulations 2017

Read it on legislation.gov.uk (opens in a new tab)
Enforced by
NatureScot
Status
In Force
Penalty ceiling
Prosecution 1 of 31 obligations carry a criminal penalty. 1 carries different penalties and 29 have no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Operator9 Director or Officer1 Any Person1

Plus 20 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Operator — also bound by 803 other Acts
Director or Officer — also bound by 482 other Acts
Companies Act 2006 126 duties
Any Person — also bound by 2684 other Acts

What it requires

Regulations creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

Part 1

INTRODUCTORY

3 of 5 sections shown
s.003 Prohibition on granting consent without an environmental impact assessment Regulated
Other duties (1) — Crown / regulator
  • Scottish Ministers must not grant electricity consent without environmental impact assessmentCrown / Minister / Government department
s.004 Environmental impact assessment Regulated
  • Prepare an EIA report for Electricity Act consent in ScotlandOperator
s.005 Environmental impact assessment report Regulated
  • Prepare and submit an EIA report with your consent applicationOperator
2 other sections in this Part — procedural and definitional
s.001 Citation, commencement, application and extent
s.002 Interpretation
Part 2

DETERMINING WHETHER EIA IS REQUIRED

3 of 4 sections shown
s.007 General provisions relating to screening Regulated
Other duties (1) — Crown / regulator
  • Scottish Ministers must give reasoned screening opinions for Schedule 2 electricity developmentCrown / Minister / Government department
s.008 Requests for a screening opinion Regulated
Other duties (1) — Crown / regulator
  • Scottish Ministers must consult planning authority and flag missing screening infoCrown / Minister / Government department
s.009 Screening opinions – time period for decision Regulated
Other duties (1) — Crown / regulator
  • Scottish Ministers must adopt EIA screening opinion within statutory deadlineCrown / Minister / Government department
1 other section in this Part — procedural and definitional
s.006 EIA Development
Part 3

PROCEDURES CONCERNING APPLICATIONS FOR ELECTRICITY ACT CONSENT

2 of 2 sections shown
s.010 Application without prior screening Regulated
Other duties (1) — Crown / regulator
  • Scottish Ministers must screen unscreened electricity consent applicationsCrown / Minister / Government department
s.011 EIA application made without an EIA report Regulated
Other duties (1) — Crown / regulator
  • Scottish Ministers must notify developer when EIA report is requiredCrown / Minister / Government department
Part 4

PREPARATION OF ENVIRONMENTAL IMPACT ASSESSMENT REPORTS

2 of 2 sections shown
s.012 Request for scoping opinions Regulated
Other duties (1) — Crown / regulator
  • Scottish Ministers must process scoping opinion requests within 9 weeksCrown / Minister / Government department
s.013 Procedure to facilitate preparation of EIA reports Regulated
Other duties (1) — Crown / regulator
  • Scottish Ministers must notify consultation bodies about EIA information requestsCrown / Minister / Government department
Part 5

PUBLICITY AND PROCEDURES ON SUBMISSION OF ENVIRONMENTAL IMPACT ASSESSMENT REPORTS

5 of 8 sections shown
s.014 Publication of EIA report Regulated
  • Publish public notice after submitting EIA reportOperator
s.015 Publicity of determinations and provision of information to the planning authority Regulated
Other duties (1) — Crown / regulator
  • Planning authority must register EIA documents and decision noticesLocal authority
s.016 Procedure where Scottish Ministers receive an EIA report Regulated
  • Send EIA report to planning authority and consultation bodiesOperator
s.017 Copies of EIA report for the Scottish Ministers Regulated
  • You must send EIA report copies to the Scottish MinistersOperator
s.018 Copies of EIA report for the public Regulated
  • Make EIA report available for public inspection and provide copiesOperator
3 other sections in this Part — procedural and definitional
s.014 Temporary relaxation of requirement for publication of EIA report
s.015 Temporary relaxation of requirement for planning authority to make documents available for public inspection
s.017 Temporary relaxation of requirement for hard copies of EIA report for the Scottish Ministers
Part 6

ADDITIONAL INFORMATION

2 of 3 sections shown
s.019 Additional information and evidence relating to EIA reports Regulated
  • Provide supplementary EIA information and evidence when Scottish Ministers askOperator
s.020 Publication of additional information Regulated
  • Publish additional EIA information and invite public representationsOperator
1 other section in this Part — procedural and definitional
s.020 Temporary relaxation of requirement for publication of additional information
Part 7

NOTIFICATION OF DECISIONS

3 of 4 sections shown
s.021 Decision notice Regulated
Other duties (1) — Crown / regulator
  • Scottish Ministers must include required details in EIA decision noticesCrown / Minister / Government department
s.022 Monitoring measures Regulated
Other duties (1) — Crown / regulator
  • Scottish Ministers must consider and impose monitoring conditions for EIA consentsCrown / Minister / Government department
s.023 Notification of decision Regulated
  • Publish EIA decision notice online, in Gazette and local newspaperOperator
1 other section in this Part — procedural and definitional
s.023 Temporary relaxation of requirement to make decision notice available for inspection
Part 8

APPLICATIONS FOR MULTI-STAGE CONSENT

3 of 4 sections shown
s.024 Prohibition on granting an application for multi-stage consent without an environmental impact assessment Regulated
Other duties (1) — Crown / regulator
  • Scottish Ministers must not grant multi-stage consent without an EIACrown / Minister / Government department
s.025 Application for multi-stage consent where EIA report previously provided Regulated
Other duties (1) — Crown / regulator
  • Scottish Ministers must request extra environmental info for multi-stage consentsCrown / Minister / Government department
s.026 Application for multi-stage consent without EIA report Regulated
Other duties (1) — Crown / regulator
  • Scottish Ministers must screen applications and notify if EIA report requiredCrown / Minister / Government department
1 other section in this Part — procedural and definitional
s.027 Modification of Regulations relating to application for multi-stage consent
Part 9

VARIATION APPLICATIONS

1 of 1 section shown
s.028 Application of Regulations to variation applications Regulated
Other duties (1) — Crown / regulator
  • Scottish Ministers must carry out EIA before varying section 36 consentsCrown / Minister / Government department
Part 10

DEVELOPMENT WITH SIGNIFICANT TRANSBOUNDARY EFFECTS

2 of 2 sections shown
s.029 Development in Scotland likely to have significant effects in an EEA State other than the United Kingdom Regulated
Other duties (1) — Crown / regulator
  • Scottish Ministers must notify and consult EEA States on transboundary EIA effectsCrown / Minister / Government department
s.030 Projects in an EEA State likely to have significant transboundary effects Regulated
Other duties (1) — Crown / regulator
  • Scottish Ministers must consult on transboundary EEA projects and notify Scottish publicCrown / Minister / Government department
Part 11

MISCELLANEOUS

4 of 9 sections shown
s.036 Co-ordination of assessments Regulated
Other duties (1) — Crown / regulator
  • Scottish Ministers must co-ordinate EIA and habitats assessmentsCrown / Minister / Government department
s.037 Competent authority – avoidance of conflict of interest Regulated
Other duties (1) — Crown / regulator
  • Scottish Ministers must avoid conflicts of interest in EIA decisionsCrown / Minister / Government department
s.038 Offences Prosecution
  • Provide false or misleading information for EIA decisionAny Person

Unlimited fine

s.039 Offences by bodies corporate etc. Regulated
  • Consent, connive, or neglect enabling a corporate offenceDirector or Officer
5 other sections in this Part — procedural and definitional
s.031 Electronic communications – general
s.032 Electronic communications – deemed agreement
s.033 Withdrawal of consent to use of electronic communications
s.034 Service of notices etc.
s.035 Access to review procedure before a court
Part 12

Revocations and Transitional Provisions

0 of 4 sections shown
4 other sections in this Part — procedural and definitional
s.040 Transitional provisions - general
s.041 Transitional provisions – requests for screening opinions
s.042 Amendment of the Electricity Generating Stations (Applications for Variation of Consent) (Scotland) Regulations 2013
s.043 Revocations
Schedules

Schedules

1 of 19 shown
s.sch003 Characteristics of development Regulated
Other duties (1) — Crown / regulator
  • Scottish Ministers must consider development characteristics when deciding EIACrown / Minister / Government department
18 other schedules
s.sch001 Descriptions of development
s.sch001 Any change to or extension (including a change in the...
s.sch002 Schedule 2 para.1
s.sch002 Any change to or extension (including a change in the...
s.sch002 For the purpose of this schedule— “marine protected area” means...
s.sch002 Schedule 2 para.wrapper3n2
s.sch003 Location of development
s.sch003 Characteristics of the potential impact
s.sch004 A description of the development, including in particular:
s.sch004 A reference list detailing the sources used for the descriptions...
s.sch004 A description of the reasonable alternatives (for example in terms...
s.sch004 A description of the relevant aspects of the current state...
s.sch004 A description of the factors specified in regulation 4(3) likely...
s.sch004 A description of the likely significant effects of the development...
s.sch004 A description of the forecasting methods or evidence, used to...
s.sch004 A description of the measures envisaged to avoid, prevent, reduce...
s.sch004 A description of the expected significant adverse effects of the...
s.sch004 A non-technical summary of the information provided under paragraphs 1...

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