NON-CONFORMITY WITH THE PARTICIPATION STATEMENT
126. It is incumbent on authorities to ensure that they fulfil the commitments they made in their Participation Statement with regard to consultation and public involvement. In examining SDPs and LDPs, sections 12(2) and 19(4) of the Act require the appointed person firstly to examine how far the authority has conformed with the current Participation Statement.
127. Scottish Ministers expect authorities to comply with the commitments they made in their Participation Statement and that the following procedures will rarely, if ever, be required to be brought into play. However, if the reporter 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 reporter is also to send this report to the authority, which then has four weeks to make representations in response to it to Scottish Ministers. Scottish Ministers may then either require further steps to be taken with regard to consultation or public involvement, or direct the reporter to proceed with the main Examination.
128. After taking these additional steps, the authority may modify the plan, in which case they must also republish it. An SDP is to be republished in the same manner as for the Main Issues Report, as described in paragraph 35 ( i.e. a further opportunity for representations must be given). There is no requirement to re-consult on modifications to LDPs in these circumstances, but this would be good practice if they are notifiable. 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.
129. The resubmission of SDPs is to be advertised in the same manner as when a plan is first submitted to Ministers, as described in paragraph 46. LDPs are to be republished and advertised in the same manner as when a plan is first submitted to Ministers, as described in paragraphs 88- 90. 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.
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