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Chapter 3: SEA Administrative Arrangements

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Contents

Part 1 - Introduction

Part 2 - SEA Gateway

• Functions of the SEA Gateway
• Contact details

Part 3 - Consultation Authorities

• Roles and responsibilities of the Consultation Authorities
• Contact details

Part 1 - Introduction

3.1.1 The Environmental Assessment (Scotland) Act 2005 requires an SEA of all qualifying plans, programmes and strategies ( PPS). In light of Scottish Ministers' support of SEA, an SEA Gateway has been established within the Scottish Executive. Part 2 of this chapter provides guidance on the functions the SEA Gateway and provides contact details. Part 3 outlines the roles and responsibilities of the Consultation Authorities ( SNH, SEPA and Historic Scotland) and provides their contact details.

Part 2 - SEA Gateway

Functions of the SEA Gateway

3.2.1 In line with the commitment to support the implementation of the Environmental Assessment (Scotland) Act 2005 ('the Act'), the Scottish Executive has made administrative provision for the SEA Gateway. The Scottish Executive SEA Gateway is unique in the UK. It comprises a dedicated team of officials in the Scottish Executive and exists to aid the administration of SEA in Scotland and to help ensure that information on SEA activities is transparent and accessible.

3.2.2 The Act requires the Responsible Authority to submit relevant documents to the Consultation Authorities at various stages including screening, scoping, Environmental Report and post-adoption. In practice, Responsible Authorities are asked to submit these documents via the Scottish Executive SEA Gateway ( SEA.Gateway@scotland.gsi.gov.uk). When the SEA Gateway receives these documents it is responsible for co-ordinating the receipt of responses from the Consultation Authorities, which will then be issued to the Responsible Authority.

3.2.3 Accordingly, the SEA Gateway's key functions include:

• provision of advice and information about the process and administration of SEA;
• liaison between the Scottish Executive and the Consultation Authorities;
• liaison between the Scottish Executive and other Government Departments;
• co-ordination of consultations between Responsible Authorities and the Consultation Authorities, including:
  • forwarding of relevant documents to the Consultation Authorities for comment ( i.e. screening, scoping and Environmental Reports and the SEA Statement on adoption of the PPS);
  • return of comments from the Consultation Authorities to Responsible Authorities;
  • oversight of the statutory deadlines for screening and scoping;
  • co-ordination of any transboundary consultations with other EU Member States on behalf of Scottish Responsible Authorities, via the Department for Communities and Local Government ( DCLG);
  • co-ordination of Member States' transboundary consultations with the Scottish Consultation Authorities (Consultation Bodies under UK Regulations)
• undertake Scottish Ministers' SEA functions under the Act, including:
  • consideration of the proposed timescales for consultation periods for Environmental Reports
  • preparation and maintenance of the pre-screening register (Section 7 of the Act);
  • preparation of the SEA annual report (Section 20 of the Act), as well as collation of Scottish statistics on behalf of DCLG;
  • arbitration on screening determinations, and undertaking screening determinations as required;
• development of the Scottish Executive SEA web pages; and
• development of the Scottish Executive SEA Tool Kit, including the SEA templates.

3.2.4 A Responsible Authority preparing a PPS, which comes to the attention of the Scottish Ministers, may be directed by the Scottish Ministers (under Section 11(1) of the Act) to send to them a copy of the PPS, in order to consider whether it falls within the terms of the Act.

3.2.5 The SEA Gateway does not edit the responses it receives from the Consultation Authorities. Any queries should therefore be raised directly with the author of the letter or via the Consultation Authority's gateways (see details below).

3.2.6 A determination as to whether a PPS has significant environmental effects ( Chapter 4) is the task of the Responsible Authority. It is important to note that the SEA Gateway is not empowered to make determinations. SEA Gateway staff are not in a position to offer a legal interpretation or opinion about compliance with the Act. Responsible Authorities are expected to seek their own legal advice if they are in any doubt about compliance with the Act.

Contact details

3.2.7 Contact details for the Scottish Executive SEA Gateway are set out below:

Tel: 0131 244 5094
Email address: SEA.Gateway@scotland.gsi.gov.uk

Part 3 - Consultation Authorities

Roles and responsibilities of the Consultation Authorities

3.3.1 Section 3 of the Act provides for three Consultation Authorities in Scotland:

• the Scottish Environment Protection Agency ( SEPA)
• Scottish Natural Heritage ( SNH)
• the Scottish Minister ¹ (Historic Scotland)

3.3.2 A Responsible Authority has a statutory obligation to submit specified relevant documents to the Consultation Authorities at the key stages in the SEA process: screening, scoping, Environmental Report and post-adoption. The Consultation Authorities have a statutory responsibility to provide views at the screening and scoping stages and may opt to provide views at the Environmental Report stage.

3.3.3 A common misconception by Responsible Authorities is that the Consultation Authorities can provide a view on whether a PPS is subject to the Environmental Assessment (Scotland) Act 2005. The Consultation Authorities do not decide whether a PPS is subject to the Act; this is a decision that has to be made by the Responsible Authority. Consultation Authorities are therefore not in a position to offer a legal interpretation or opinion about compliance with the Act. Responsible Authorities are expected to seek their own legal advice if they are in any doubt about compliance with the Act.

3.3.4 In addition to their statutory responsibilities, the Consultation Authorities, depending on available resources at the time, may be able to assist with informal enquiries. This has proved helpful in the past for Responsible Authorities, who were unsure of their approach or who have encountered problems.

3.3.5 Further information about the roles and responsibilities of the Consultation Authorities can be found in their information note, which is available from their individual web sites.

Contact details

The Scottish Ministers (Historic Scotland)

Telephone: 0131 668 8898
Email address - hssea.gateway@scotland.gsi.gov.uk
Web site - www.historic-scotland.gov.uk

the Scottish Environment Protection Agency

• Scotland, UK and general enquiries should be directed to:

Telephone - 01786 452431
Email address - sea.gateway@sepa.org.uk
Web site - www.sepa.org.uk

• Local or regional enquiries should be sent to:

for Glasgow, Clyde Valley, Ayrshire and Dumfries and Galloway

Telephone - 01355 574200
Email address - sea.gateway@sepa.org.uk

for the Lothians, Borders, Stirling, Fife, Tayside and Clackmannanshire

Telephone - 0131 449 7296
Email address - sea.gateway@sepa.org.uk

for Aberdeen and Aberdeenshire, Moray, Argyll and Bute, Highlands and Islands

Telephone - 01349 862021
Email address - sea.gateway@sepa.org.uk

Scottish Natural Heritage

Telephone - 0131 447 4784
Email address - sea.gateway@snh.gov.uk
Web site - www.snh.org.uk

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