PROCEDURES WHERE REPORTERS CONCLUDE THAT AUTHORITIES HAVE UNDERTAKEN UNSATISFACTORY CONSULTATION ON THE PROPOSED PLAN
73. In examining SDPs and LDPs, the Act requires reporters firstly to examine how far the authority has conformed with its participation statement. If he is not satisfied with the authority's actings he is to submit a report to Scottish Ministers setting out his reasons for this conclusion and recommending further steps for the authority to take with regard to consultation or public involvement. The authority is also to receive this report and has 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.
74. After taking these additional steps, the authority may modify the plan, in which case they must also republish it. In any event, the authority are to resubmit the plan to Scottish Ministers (draft regulations 9 and 23 set out how this submission is to be advertised) 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.
75. But if the modifications are so significant as to change the underlying aims or strategy of the plan, they must prepare and publish a new proposed plan.
76. It is Scottish Ministers' hope and expectation that these procedures will rarely 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.