{
  "url": "https://openlegislation.uk/aquatic-animal-health-scotland-regulations-2009/regulation-40",
  "json_url": "https://openlegislation.uk/aquatic-animal-health-scotland-regulations-2009/regulation-40.json",
  "legislation": "ssi/2009/85",
  "legislation_title": "The Aquatic Animal Health (Scotland) Regulations 2009",
  "legislation_url": "https://openlegislation.uk/aquatic-animal-health-scotland-regulations-2009",
  "path": "regulation/40",
  "kind": "regulation",
  "number": "40",
  "heading": "Appeals",
  "text": "(1) A person may appeal to the competent authority against any of the following–\n(a) refusal to grant an authorisation under regulation 8;\n(b) any condition to which an authorisation is subject;\n(c) any amendment made to an authorisation under regulation 9 or any decision not to grant an amendment under that regulation;\n(d) suspension or revocation of an authorisation under regulation 10 or 11;\n(e) service of an enforcement notice under regulation 39.\n(2) An appellant may within 21 days beginning with the date on which the relevant event occurs, serve the competent authority with a written notice that the appellant wishes to–\n(a) appear before and be heard by an independent person appointed by the competent authority; or\n(b) provide written representations to the competent authority.\n(3) Where an appellant gives notice under paragraph (2)(a)–\n(a) the competent authority must appoint an independent person to hear representations and specify a time limit within which representations to that person must be made;\n(b) if the appellant so requests, the hearing must be in public;\n(c) the person appointed must report to the competent authority; and\n(d) if the appellant so requests, the competent authority must provide a copy of the appointed person's report to the appellant.\n(4) Where an appellant provides written representations under paragraph (2)(b)–\n(a) the competent authority must appoint an independent person to consider the representations; and\n(b) the requirements in paragraph (3)(c) and (d) apply.\n(5) The competent authority must give the appellant written notice of its final decision and the reasons for it.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ssi/2009/85/regulation/40",
    "retrieved_at": "2026-10-28T22:02:47.247705+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}