Regulation 30 Further provision about appeals

(1)

Following an appeal under regulation 26(8) or 28(11), the Scottish Ministers may—

(a)

cancel the notice;

(b)

vary the notice;

(c)

confirm the notice;

(d)

take any action which SEPA is empowered to take in relation to the failure referred to in the notice;

(e)

remit any decision relating to the notice to SEPA.

(2)

A determination of an appeal by the Scottish Ministers is final.

(3)

The Scottish Ministers may—

(a)

appoint a person to exercise any function under this regulation on the Scottish Ministers' behalf, or

(b)

refer a matter relating to the exercise of any function under this regulation to a person the Scottish Ministers may appoint for that purpose.

(4)

An enforcement notice which is the subject of an appeal is not suspended pending the Scottish Minister's decision on the appeal.

(5)

A costs recovery notice which is the subject of an appeal is suspended pending the decision of the Scottish Ministers.

(6)

Schedule 3 sets out further provision about appeals to the Scottish Ministers.