Regulation 10 Hearings and local inquiriesI1
Scotland
Before determining an appeal, the Scottish Ministers may, if they think fit–
cause the appeal to take or continue in the form of a hearing (which may, if the person hearing the appeal so decides, be held, or held to any extent, in private); or
cause a local inquiry to be held,
and the Scottish Ministers shall act as mentioned in sub-paragraph (a) or (b) above if a request is made by either the appellant or SEPA to be heard with respect to the appeal.
The persons entitled to be heard at a hearing are–
the appellant;
SEPA; and
any person (other than SEPA) on whom the appellant was required to serve a copy of the notice of appeal.
Nothing in paragraph (2) above shall prevent the person appointed to conduct the hearing of the appeal from permitting any other person to be heard at the hearing and such permission shall not be unreasonably withheld.
After the conclusion of a hearing, the person appointed to conduct the hearing shall, unless that person has been appointed under section 114(1)(a) of the Environment Act 1995f1 to determine the appeal, make a report in writing (or in electronic form) to the Scottish Ministers which shall include the conclusions and the recommendations of that person or, as appropriate, the reasons for not making any recommendations.
Annotations
Commencement
Footnotes
- f1