The Marine Works and Marine Licensing (Miscellaneous Temporary Modifications) (Coronavirus) (Scotland) Regulations 2020
| Jurisdiction | Scotland |
| Citation | SSI 2020/157 |
| Year | 2020 |
2020 No. 157
Environmental Protection
Licensing (marine)
The Marine Works and Marine Licensing (Miscellaneous Temporary Modifications) (Coronavirus) (Scotland) Regulations 2020
Made 20th May 2020
Laid before the Scottish Parliament 20th May 2020
Coming into force in accordance with regulation 1
The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 19721, sections 23(3)(d), (4) and (5), 24(2) and 165(1) of the Marine (Scotland) Act 20102and all other powers enabling them to do so.
Citation and commencement
1. These Regulations may be cited as the Marine Works and Marine Licensing (Miscellaneous Temporary Modifications) (Coronavirus) (Scotland) Regulations 2020 and come into force immediately after they are made.
Amendment of the Marine Licensing (Pre-application Consultation) (Scotland) Regulations 2013
2.—(1) The Marine Licensing (Pre-application Consultation) (Scotland) Regulations 20133are amended in accordance with paragraphs (2) to (6).
(2) In regulation 3 (interpretation), omit the “and” that follows the definition of “pre-application consultation statement” and after that definition insert—
““relevant period” means the period beginning on 21 May 2020 and ending on the date on which Part 1 of the Coronavirus (Scotland) Act 20204expires in accordance with section 12 of that Act; and”.
(3) In regulation 7(1) (pre-application consultation event) for “The prospective” insert “Subject to regulation 7A, the prospective”.
(4) After regulation 7 insert—
“Temporary relaxation of pre-application consultation requirements during Coronavirus emergency period
7A. (1) Regulation 7 applies during the relevant period and during the period of 6 weeks immediately after the end of the relevant period, as if—
(a)
(a) in paragraphs (1)(a), (2), (3)(a) and (c) after “pre-application” (in each place it occurs) there were inserted “online”;
(b)
(b) in paragraph (1)(b)(iii) “the date and place of the pre-application consultation event” were substituted with “the date and instructions on how to join a pre-application online consultation event”; and
(c)
(c) paragraph (3)(b) were omitted.”.
(5) In regulation 8 (pre-application consultation report) for “A pre-application” insert “Subject to regulation 8A, a pre-application”.
(6) After regulation 8 (pre-application consultation report), insert—
“Temporary modification of form of pre-application consultation report
8A. Where regulation 7A applies, regulation 8 applies as if the form referred to in that regulation were substituted with the form set out in the schedule of the Marine Works and Marine Licensing (Miscellaneous Temporary Modifications) (Coronavirus) (Scotland) Regulations 2020.”.
Amendment of the Marine Works (Environmental Impact Assessment) (Scotland) Regulations 2017
3.—(1) The Marine Works (Environmental Impact Assessment) (Scotland) Regulations 20175are amended in accordance with paragraphs (2) to (12).
(2) In regulation 2(1) (interpretation), before the definition of “Scottish marine protection area” insert—
““relevant period” means the period beginning on 21 May 2020 and ending on the date on which Part 1 of the Coronavirus (Scotland) Act 2020 expires in accordance with section 12 of that Act;”.
(3) In regulation 16(2) (publication of EIA report) for “A notice” substitute “Subject to regulation 16A, a notice”.
(4) After regulation 16 insert—
“Temporary relaxation of requirement for publication of EIA report
16A. Regulation 16(2)(c) applies during the relevant period as if “and the times and places at which, and the means by which the EIA report is available for inspection” were substituted with “on the application website”.”.
(5) In regulation 19(1) (copies of EIA report for the Scottish Ministers) for “Where” substitute “Subject to regulation 19A, where”.
(6) After regulation 19 insert—
“Temporary relaxation of requirement for hard copies of EIA report for the Scottish Ministers
19A. Regulation 19...
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