Regulation 10 Appeal to the Scottish Ministers
A relevant body on which an enforcement notice has been served may appeal to the Scottish Ministers against a decision of an inspector—
to serve an enforcement notice under regulation 7(1),
to vary, or refuse to vary, an enforcement notice under regulation 8, or
to refuse to revoke an enforcement notice under regulation 9.
An appeal must be made before the end of the period of 21 days beginning with the day after—
the date of service of the enforcement notice,
the date of service of the varied enforcement notice, or
the date of notification under regulation 8(5) or 9(5) as applicable.
The Scottish Ministers may, on the request of the relevant body, extend the period in paragraph (2).
An appeal must include details of the decision and the enforcement notice to which the decision being appealed relates and may include such other information or representations which the relevant body wishes to provide or make.
The Scottish Ministers must, as soon as reasonably practicable after receiving an appeal, send a copy of the appeal and any information or representations provided or made by the relevant body to the inspector who made the decision, or, where that is not practicable, such other inspector as the Scottish Ministers consider appropriate.
The inspector must, as soon as practicable following a request from the Scottish Ministers, provide the Scottish Ministers with—
a copy of the notification sent under regulation 8(5) or 9(5),
any relevant inspection reports,
any information or documentation which the Scottish Ministers consider may be relevant to the appeal,
any additional information or representations which the inspector considers relevant to the appeal.
The Scottish Ministers must provide the relevant body with the opportunity to comment on any information, documentation or representations provided or made by the inspector under paragraph (6)(c) or (d).
The Scottish Ministers may appoint a person to consider the information, documentation, representations and comments referred in paragraphs (4), (6) and (7) and to provide a report to the Scottish Ministers.
If the relevant body requests, the Scottish Ministers must provide a copy of the report provided under paragraph (8).
The Scottish Ministers may, on deciding the appeal—
uphold the decision, or
quash the decision.
In upholding a decision under paragraph (10), the Scottish Ministers may confirm or vary the enforcement notice to which the decision being appealed relates as the Scottish Ministers think fit.
In quashing a decision under paragraph (10), the Scottish Ministers may—
confirm or vary the enforcement notice to which the decision being appealed relates as the Scottish Ministers think fit,
revoke the enforcement notice to which the decision being appealed relates with effect from the date of the decision.
Where the Scottish Ministers decide under paragraph (10) to vary an enforcement notice regulation 7(2), (3) and (5) applies in respect of the varied enforcement notice issued by the Scottish Ministers as it applies to an enforcement notice issued by an inspector.
Where a decision is made under paragraph (10), the Scottish Ministers must as soon as practicable—
notify the relevant body of the decision and the reasons for that decision,
provide information on the right of the relevant body to appeal against the decision,
provide information on the consequences of the relevant body failing to comply with the decision,
where relevant, serve any varied enforcement notice on the relevant body,
where relevant, notify the relevant body of the revocation of the enforcement notice, and
send to the inspector—
a copy of the decision and the reasons sent under sub paragraph (a), and
a copy of any notice served under sub paragraph (d) or (e).