The Flood Risk Management (Flood Protection Schemes, Potentially Vulnerable Areas and Local Plan Districts) (Scotland) Regulations 2010

• (a) knowingly or recklessly makes a statement which is false or misleading in a material particular;

• (b) with intent to deceive, uses any document which is false or misleading in a material particular; or

• (c) with intent to deceive, withholds any material information.

• (2) A person who commits an offence under paragraph (1) is liable—

• (a) on summary conviction, to a fine not exceeding the statutory maximum; or

• (b) on conviction on indictment, to a fine.

• (3) No act or omission of the Crown constitutes an offence under this regulation.

• (4) The Court of Session may, on the application of the Scottish Ministers, the chief constable or any other public body or office-holder having responsibility for enforcing this Part, declare unlawful any act or omission of the Crown which would but for paragraph (3) be an offence under this regulation.

• (5) Despite paragraph (3), this regulation applies to a person in the public service of the Crown as it applies to other persons.

Offences by bodies corporate etc.

10E

• (1) Where—

• (a) an offence under regulation 10D has been committed by a body corporate or a Scottish partnership or other unincorporated association; and

• (b) it is proved that the offence was committed with the consent or connivance of, or was attributable to neglect on the part of—

• (i) a relevant individual; or

• (ii) an individual purporting to act in the capacity of a relevant individual,

the individual as well as the body corporate, Scottish partnership or unincorporated association commits an offence and is liable to be proceeded against and punished accordingly.

• (2) In paragraph (1), “relevant individual” means—

• (a) in relation to a body corporate—

• (i) a director, manager, secretary or similar officer of the body; or

• (ii) where the affairs of the body are managed by its members, a member;

• (b) in relation to a Scottish partnership, a partner; and

• (c) in relation to an unincorporated association other than a Scottish partnership, a person who is concerned in the management or control of the association.

Interpretation of schedule 1

4

In this schedule—

• “European site” has the meaning given in regulation 10 of the Conservation (Natural Habitats, &c.) Regulations 1994; and

• “projects” means—the execution of construction works or of other installations or schemes; andother interventions in the natural surroundings and landscape including those involving the extraction of mineral resources.

7

A description of the measures envisaged to avoid, prevent, reduce or, if possible, offset any identified significant adverse effects on the environment and, where appropriate, of any proposed monitoring arrangements (for example the preparation of a post-scheme analysis). That description should explain the extent, to which significant adverse effects on the environment are avoided, prevented, reduced or offset, and should cover both the construction and operational phases.

8

A description of the expected significant adverse effects of the scheme on the environment deriving from the vulnerability of the scheme to risks of major accidents and/or disasters which are relevant to the scheme. Relevant information available and obtained pursuant to any law which implemented Directive 2012/18/EU of the European Parliament and of the Council on the control of major-accident hazards involving dangerous substances, amending and subsequently repealing Council Directive 96/82/EC or Council Directive 2009/71/Euratom establishing a Community framework for the nuclear safety of nuclear installations or relevant assessments may be used for this purpose provided that the requirements of these Regulations are met. Where appropriate, this description should include measures envisaged to prevent or mitigate the significant adverse effects of such events on the environment and details of the preparedness for and proposed response to such emergencies.

9

A non-technical summary of the information provided under paragraphs 1 to 8.

10

A reference list detailing the sources used for the descriptions and assessments included in the EIA report in respect of the scheme.