OpenLegislation

Regulation 3 Notice of appealI1

Scotland

(1)

An appeal to the Scottish Ministers under section 85(2) of the Act is to be made by giving notice in writing in accordance with this regulation.

(2)

The notice of appeal must be served on the Scottish Ministers within the period of 20 working days beginning with, in the case of an appeal made by virtue of—

(a)

section 85(1)(a) or (b) of the Act, the date of the decision notice; and

(b)

section 85(1)(c) of the Act, the date of expiry of the period allowed for determination of the request.

(3)

The notice of appeal must—

(a)

include the name and contact address of the community transfer body;

(b)

specify the land to which the asset transfer request relates; and

(c)

include a statement setting out full particulars of the appeal including a note of the matters which the community transfer body considers require to be taken into account in determining the appeal and by what, if any, procedure (or combination of procedures) the community transfer body considers the appeal should be conducted.

(4)

The notice of appeal must be accompanied by—

(a)

a copy of the asset transfer request;

(b)

a copy of the documents provided by the community transfer body to the relevant authority in connection with the asset transfer request; and

(c)

where the appeal is made by virtue of section 85(1)(a) or (b) of the Act, a copy of the decision notice.

(5)

Subject to paragraph (6)—

(a)

all matters which the community transfer body intends to raise in the appeal must be set out in the notice of appeal or in the documents which accompany the notice of appeal; and

(b)

all documents, materials and evidence which the community transfer body intends to rely on in the appeal must accompany the notice of appeal.

(6)

In addition to matters set out in the notice of appeal and documents which accompany the notice of appeal, the community transfer body may raise matters and submit further documents, materials or evidence only—

(a)

in accordance with and to the extent permitted by regulation 4 or 5; or

(b)

where the Scottish Ministers make a request (under regulation 9(1), rule 1(1) of the Hearing Session Rules or otherwise) for further representations to be made or further information to be provided to them by the community transfer body.

(7)

In this regulation—

  • “period allowed for determination of the request” means—

    1. (a)

      the period of 6 months beginning with the validation date; or

    2. (b)

      such longer period as may be agreed between the community transfer body and the relevant authority under section 82(8)(b) of the Act; and

  • “validation date” has the same meaning as in the Asset Transfer Request (Procedure) (Scotland) Regulations 2016f1.

Annotations

Commencement

I1

Reg. 3 in force at 23.1.2017, see reg. 1(1)

Footnotes

f1

S.S.I. 2016/357.