Roads (Scotland) Act 1984

A description of the reasonable alternatives (for example in terms of project design, technology, location, size and scale) studied by the applicant, which are relevant to the project and its specific characteristics, and an indication of the main reasons for selecting the chosen option, including a comparison of the environmental effects.

3

A description of the relevant aspects of the current state of the environment (baseline scenario) and an outline of the likely evolution thereof without implementation of the project as far as natural changes from the baseline scenario can be assessed with reasonable effort on the basis of the availability of environmental information and scientific knowledge.

4

A description of the factors specified in section 20B(3) likely to be significantly affected by the development: population, human health, biodiversity (for example fauna and flora), land (for example land take), soil (for example organic matter, erosion, compaction, sealing), water (for example hydromorphological changes, quantity and quality), air, climate (for example greenhouse gas emissions, impacts relevant to adaptation), material assets, cultural heritage, including architectural and archaeological aspects, and landscape.

5

A description of the likely significant effects of the project on the environment resulting from, inter alia:

• (a) the construction and existence of the project, including, where relevant, demolition works,

• (b) the use of natural resources, in particular land, soil, water and biodiversity, considering as far as possible the sustainable availability of these resources,

• (c) the emission of pollutants, noise, vibration, light, heat and radiation, the creation of nuisances, and the disposal and recovery of waste,

• (d) the risks to human health, cultural heritage or the environment (for example due to accidents or disasters),

• (e) the cumulation of effects with other existing and/or approved development projects, taking into account any existing environmental problems relating to areas of particular environmental importance likely to be affected or the use of natural resources,

• (f) the impact of the project on climate (for example the nature and magnitude of greenhouse gas emissions) and the vulnerability of the project to climate change,

• (g) the technologies and the substances used.

6

The description of the likely significant effects on the factors specified in section 20B(3) should cover the direct effects and any indirect, secondary, cumulative, transboundary, short-term, medium-term and long-term, permanent and temporary, positive and negative effects of the project. This description should take into account the environmental protection objectives in assimilated law or otherwise under the law of any part of the United Kingdom which are relevant to the project.

7

A description of the forecasting methods or evidence, used to identify and assess the significant effects on the environment, including details of difficulties (for example technical deficiencies or lack of knowledge) encountered compiling the required information and the main uncertainties involved.

8

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-project 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.

9

A description of the expected significant adverse effects of the project on the environment deriving from the vulnerability of the development to risks of major accidents and/or disasters which are relevant to the project concerned. Relevant information available and obtained through risk assessments pursuant to ... national legislation may be used for this purpose provided that the requirements of any law that implemented this Directive 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.

10

A non-technical summary of the information provided under points 1 to 9.

11

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

60A

• (1) The Scottish Ministers may, for the purposes of section 60, and following consultation with such persons as they consider appropriate, issue or approve codes of practice giving practical guidance as to the matters mentioned in that section.

• (2) A code of practice under subsection (1) must be published in such manner as the Scottish Ministers consider appropriate as soon as reasonably practicable after it is issued or approved.

• (3) If (and in so far as) a person complies with such a code of practice, the person is to be taken to comply with the requirements imposed on the person by section 60(1) or, as the case may be, (3A).

• (4) A failure to comply with such a code of practice is evidence of a failure to comply with the requirements imposed on the person by section 60(1) or, as the case may be, (3A).

61B

• (1) This section applies to any person (including a roads authority) executing—

• (a) works (other than road works within the meaning of section 107(3) of the New Roads and Street Works Act 1991) in or on a road or works which otherwise involve a person placing or depositing anything on a road so as to cause an obstruction—

• (i) to which the requirements of section 60(1)(b) or (c) apply, and

• (ii) which involve the placing of lights, fences, barriers or signs on a carriageway,

• (b) works in a road which involve—

• (i) breaking up the road, or any sewer, drain or tunnel under it, or

• (ii) tunnelling or boring under the road, and

• (c) works to subsequently reinstate the road.

• (2) The person executing the works must secure that—

• (a) the execution of the works is supervised by an individual having a prescribed qualification as a supervisor, and

• (b) there is on site at all times when any such works are in progress at least one individual having a prescribed qualification as a trained operative.

• (3) Where a roads authority are not the person who is executing the works, the authority may by notice require the person executing the works—

• (a) to notify the authority of the name of any individual who is or has been the supervisor, or trained operative, in respect of the work, and

• (b) to provide the authority with prescribed evidence of the requisite qualification of the individual.

• (4) The Scottish Road Works Commissioner may by notice require the roads authority—

• (a) to notify the Commissioner of the name of any individual who is or has been the supervisor or trained operative in respect of any work to which this section applies, and

• (b) to provide the Commissioner with prescribed evidence of the requisite qualification of the individual.

• (5) A notice under subsection (3) or (4) may—

• (a) require the notification of—

• (i) the name of an individual who was the supervisor or, as the case may be, trained operative at a particular time,

• (ii) all individuals who have been the supervisor, or as the case may be, trained operative,

• (b) be given at any time while the works are being executed or within such period after their completion as is prescribed.

• (6) A person who receives a notice under subsection (3) must comply with the requirements of the notice within the period and manner prescribed.

• (7) A person, other than a roads authority, who fails to comply with a duty imposed on the person by subsection (2) or (6) commits an offence.

• (8) A person who commits an offence under subsection (7) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

• (9) The Scottish Ministers may by regulations make provision for the purposes of this section, including provision—

• (a) specifying circumstances in which the duties in subsection (2) do not apply to a person executing works in a road,

• (b) specifying—

• (i) circumstances in which more than one trained operative must be on site at all times when work is in progress, and

• (ii) the number of trained operatives that must be on site in those circumstances,

• (c) about the approval of bodies conferring qualifications (and the withdrawal of such approval),

• (d) about the circumstances in which a qualification may be conferred,

• (e) about the form of any evidence to be issued by an approved body to certify or otherwise show that a qualification has been conferred on an individual.

• (10) In this section, “prescribed” means prescribed by the Scottish Ministers in regulations made under subsection (9).

• (11) This section does not apply to an undertaker executing road works, within the meaning of Part IV of the New Roads and Street Works Act 1991.