The Scottish Government

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Dear Consultee,

TRANSPORT & WORKS ( SCOTLAND ) ACT 2007

SECONDARY LEGISLATION - CONSULTATION

Introduction

The Transport & Works (Scotland) Act received Royal Assent on 14 March 2007. Part 1 of the Act makes provision to enable the Scottish Ministers, under an order-making power, to authorise transport developments and provides details of the procedure for the making of orders. The purpose of this consultation exercise is to gather views on the draft secondary legislation (consisting of orders, rules and regulations) that supports those provisions. It is our intention, once we have reviewed consultation responses, to lay the secondary legislation this autum.

The draft secondary legislation together with the relevant enabling legislative provisions are listed below:

A. Applications and objections procedure rules (section 4(2), 5(1), 6(3), (4) and (5), 8(1), (5) and (8)

B. Inquiries and hearings procedure rules (section 10(1) and (2)

C. Consents under other enactments regulations (section 14(3), (4) and (5)

D. Access to land on application order (section 18(1)(a), 2(a) and (c))

E. Access to land by the Scottish Ministers order (section 18(1)(b), 2(b) and (c)

Annexes A to E contain the draft secondary legislation as well as specific questions and issues to which we invite comment. A composite list of all questions is contained at Annex F. We appreciate that this constitutes a mass of information however we have concluded that it would be more meaningful for consultees if we were to consult on a complete draft of all the proposed secondary legislation so that the proposals can be seen in context.

A copy of the Transport & Works (Scotland) Act 2007 can be obtained from The Stationery Office at TSO Scotland Bookshop, 71 Lothian Road, Edinburgh EH3 9AZ tel: 0870 606 5566 or e-mail: Edinburgh.bookshop@tso.co.uk. The Act can also be accessed at http://www.opsi.gov.uk/legislation/scotland/acts2007/20070008.htm on the Office of Public Sector Information website ( www.opsi.gov.uk). .

We are embarking on this consultation exercise so as to ensure that the secondary legislation is both appropriate and practical in its application. Your views are vital in helping us to ensure that the secondary legislation is fit for purpose. We appreciate that not all the draft legislation will be relevant to all consultees and therefore we are content to receive views on those with which you have an interest. This is a web-based consultation however if you would like to receive a paper copy of the documents, please contact me at the address below. Please send your views by 31 August 2007 to the address, or e-mail, noted below:

Responses to:-

or
Frazer Henderson

Transport Strategy

2D- Dockside
Scottish Executive
Victoria Quay
Edinburgh
EH6 6QQ

Handling your response

Annex G provides information on the consultation process. We need to know how you wish your response to be handled and, in particular, whether you are happy for your response to be made public. Please complete and return the Respondent Information Form enclosed at Annex H as this will ensure that we treat your response appropriately. If you ask for your response not to be published we will regard it as confidential and will treat it accordingly.

All respondents should be aware that the Scottish Executive are subject to the provisions of the Freedom of Information (Scotland) Act 2002 and would therefore have to consider any request made to it under the Act for information relating to responses made to this consultation exercise.

What Happens Next?

Where consultees have given permission for their response to be made public (see the attached Respondent Information Form), these will be made available to the public in the Scottish Executive Library within 20 working days of the closing date and on the Scottish Executive consultation web pages shortly thereafter. We will check all responses where agreement to publish has been given for any potentially defamatory material before logging them in the library or otherwise publishing them. You can make arrangements to view responses by contacting the SE library on 031 244 4565. Responses can be copied and sent to you, but a charge may be made for this service.

Following the closing date, all responses will be analysed and considered along with any other available evidence to inform the proposed secondary legislation. Annex I provides a list of those organisations and individuals to whom we have sent a copy of this consultation.

Comments and complaints

If you have any concerns about how this consultation exercise has been conducted please send them to me at the above address. A regulatory impact assessment (on business, charities and the voluntary sector) will be produced in the light of the consultation and will be attached to the relevant secondary legislation when presented to the Parliament.

Responses

We look forward to receiving your comments in the form of Annex F as well as your Respondent Information Form (Annex H) and, in closing, express our gratitude for your participation in this consultation exercise.

Yours faithfully

Frazer Henderson

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