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Paragraph 4 Completion certificates

Original text. Later amendments are not shown.

(1)

Where, after giving a stop notice to a reservoir manager, SEPA is satisfied that the reservoir manager has taken the steps specified in the notice, SEPA must give a certificate to that effect (a “completion certificate”).

(2)

The stop notice ceases to have effect on the giving of a completion certificate.

(3)

The reservoir manager to whom the stop notice is given may at any time apply for a completion certificate.

(4)

SEPA must make a decision as to whether to give a completion certificate before the end of a period of 14 days beginning with the day on which the application for the certificate was made.

(5)

Where SEPA decides to give a completion certificate, it must give the completion certificate to the reservoir manager within a period of 14 days beginning with the day of that decision.

(6)

Where SEPA decides not to give a completion certificate, it must give the reservoir manager notice in writing of that decision within a period of 14 days beginning with the day of that decision.

(7)

The reservoir manager to whom the stop notice is given may appeal to the Scottish Ministers against a decision not to give a completion certificate.

(8)

The appeal must be made within a period of 14 days beginning with the relevant day.

(9)

The appeal may be made on any ground including that—

(a)

the decision was based on an error of fact;

(b)

the decision was wrong in law; or

(c)

the decision was unfair or unreasonable.

(10)

For the purposes of sub-paragraph (7), a failure by SEPA, before the end of a period of 28 days beginning with the day on which the application for the certificate was made, to—

(a)

make a decision as to whether to give the certificate; and

(b)

comply with, as the case may be, sub-paragraph (5) or (6),

is to be treated as a decision not to give the completion certificate in question.

(11)

In sub-paragraph (8), “the relevant day”—

(a)

in a case where sub-paragraph (10) applies, is the first day on which the failure in question is treated as a decision not to give the completion certificate; and

(b)

in other cases, is the day on which the reservoir manager is, in accordance with sub-paragraph (6), given notice of the decision not to give a completion certificate.