TRANSPORT AND WORKS Citation, commencement and interpretation 1 1 These Regulations may be cited as the Transport and Works (Assessment of Environmental Effects) Regulations 1998 and shall come into force on 7th October 1998. 2 In these Regulations, “ the Act ” means the Transport and Works Act 1992 . Provision of information and compliance with directions 2 In section 6 of the Act– a after subsection (2) there shall be inserted– 2A The power to make rules by virtue of subsection (2) above includes power to make provision for or in connection with requiring the Secretary of State in such cases or circumstances as may be prescribed in the rules to give to a person who proposes to make an application under this section an opinion on the information, if any, to be supplied in connection with that application. . b in subsection (3) (rules as to consultation before application is made may require compliance with directions by the Secretary of State) after “is made” there shall be inserted “, or as to the provision of information by a relevant authority to a person for the purposes of an application which the person proposes to make,”. c after subsection (6) there shall be added– 7 In subsection (3) above “relevant authority” means any authority in relation to which Article 5(4) of Council Directive 85/337/ EEC , as amended by Council Directive 97/11/ EC , (authorities holding relevant information to make it available to the developer) applies, and includes– a the Countryside Commission; b the Countryside Council for Wales; c a local planning authority, within the meaning of Part I of the Town and Country Planning Act 1990 ; d the Minister of Agriculture, Fisheries and Food; and e the Nature Conservancy Council for England. . Cases in which other Member States are affected 3 After section 6 of the Act there shall be inserted– Cases where other Member States are affected 6A 1 The power conferred on the Secretary of State by subsection (2) of section 6 above to make rules includes power to make rules for a case where an application has been made under that section and another Member State is affected by the project in question, as to– a the provision by the Secretary of State to the Member State, or to authorities in, or the public of, the Member State, of documents and information relating to the application; b consultation by the Secretary of State with the Member State in connection with the application; or c notification by the Secretary of State to the Member State of the decision, or of matters relating to the decision, on the application. 2 For the purposes of subsection (1) above, the cases where another Member State is affected by the project in question are those cases where– a it appears to the Secretary of State that the project would be likely to have significant effects on the environment in another Member State; or b that other Member State is likely to be significantly affected by the project and requests information relating to the application. . Publicity for making or refusal of orders 4 In section 14 of the Act (publicity for the making or refusal of orders)– a after subsection (3A) there shall be inserted– 3AA If, in a case where subsection (3A) has effect, an order is to be made, the notices under subsection (1) shall also contain a description of the main measures to avoid, reduce and, if possible, remedy the major adverse environmental effects. , and b in subsection (3B), at paragraph (a), after “the environment,”, there shall be added– as amended by Council Directive 97/11/EC , , and in paragraph (b), after “that Directive” there shall be inserted– as so amended . Signed by authority of the Secretary of State for the Environment, Transport and the Regions Glenda Jackson Parliamentary Under Secretary of State, Department of the Environment, Transport and the Regions 7th September 1998