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PROCEDURES WHERE THE APPOINTED PERSON CONCLUDES THAT AUTHORITIES HAVE UNDERTAKEN UNSATISFACTORY CONSULTATION
85. In examining SDPs and LDPs, sections 12(2) and 19(4) of the Act requires the appointed person firstly to examine how far the authority has conformed with the participation statement that was current when the proposed plan was published. If the appointed person considers there were shortcomings, they are to submit a report to Scottish Ministers setting out their reasons for this conclusion and recommending further steps for the authority to take with regard to consultation or public involvement. The appointed person is also to send this report to the authority, who then have 4 weeks to make representations in response to it to Scottish Ministers. Scottish Ministers may then either require further steps with regard to consultation or public involvement to be taken, or direct the reporter to proceed with the main examination.
86. After taking these additional steps, the authority may modify the plan, in which case they must also republish it. A SDP is to be republished in the same manner as for the main issues report, as described in para 19 above (i.e. a further opportunity for representations must be given). There is no requirement to reconsult on modifications to LDPs in these circumstances, but this would be good practice if modifications are significant. In any event, the authority are to resubmit the plan to Scottish Ministers together with:
- a note of the representations received and whether (and to what extent) these have been taken account of; and
- a report of conformity with the further steps required by Scottish Ministers.
87. The resubmission of SDPs is to be advertised in the same manner as the plan as first submitted to Ministers, as described in para 27 above. A LDP is to be republished and advertised in the same manner as the plan as first submitted to Ministers, as described in para 59 above. But if the modifications are so significant as to change the underlying aims or strategy of the plan, authorities must prepare and publish a new proposed plan.
88. Scottish Ministers expect that these procedures will rarely, if ever, be brought into play. But it is incumbent on authorities to ensure that they fulfil the commitments they made with regard to consultation and public involvement in their participation statement.
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