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A guide to the Transport Infrastructure Consultation Paper
Friday, April 28, 2006
by
Martin Gallaher
The Scottish Executive has issued a Consultation Paper on “Proposals for a New Approach to Delivering Public Transport Infrastructure Developments”.
In 2004, the Procedures Committee of the Scottish Parliament identified that improvements were required to the system of approving major transport infrastructure projects in Scotland. In addressing the points identified by the Procedures Committee, the Executive are consulting with a view to inform the legislation which will implement the proposed improvements. The Bill will seek to replace the existing Private Bills procedure for transport related developments, streamline the current legislative process and to make it simpler for the Promoters and Objectors involved in the process. The Bill will seek to place the Scottish Ministers at the centre of the scrutiny and approvals process.
The Procedures Committee has proposed the following process:
- The Promoter of the development formally notifies all affected persons of the proposal and applies to the Scottish Ministers for an order;
- Once the Scottish Ministers are notified by the Promoter, Objectors have a designated time period to raise concerns;
- The Scottish Ministers, once the objection period ceases, then decide whether (a) the application was correct in procedural terms and (b) taking account of objections as well as the public interest and other criteria;
- If the Scottish Ministers decide in favour, an Order is laid before the Scottish Parliament;
- The Scottish Parliament considers the Order and agrees by resolution to enable the application to proceed to detailed scrutiny;
- The Scottish Ministers appoint an independent reported to conduct an inquiry or hearing (to be known as an examination) which will conclude with the reporter producing recommendations within a formal report;
- The Scottish Ministers decide to accept, modify or reject the reporter’s recommendations; and
- The Scottish Ministers make a final Order for Parliamentary approval.
The scope of the proposals extend to railway, tram, guided bus ways and inland waterway developments.
The Scottish Executive is inviting written responses on the Consultation Paper to be submitted by 19 May 2006.
Further information on the Consultation Paper can be obtained from the Scottish Executive website (http://www.scotland.gov.uk/Publications/2006/02/23161534/0).
If you would like to discuss any aspect of the consultation or how to respond, please contact:
Neil Amner or Martin Gallaher
or give them a call on 0141 228 8000