Regulation 18 Appeals regarding licences

(1)

A person may appeal in writing to a person appointed for that purpose by the Scottish Ministers within a period of 60 days beginning on the day on which the decision is notified to them, or the term or condition is imposed, against a decision by the Scottish Ministers to—

(a)

reject an application by that person for a visual classification licence,

(b)

reject an application for an automated classification licence,

(c)

grant a visual classification licence subject to a term or condition,

(d)

grant an automated classification licence subject to a term or condition,

(e)

suspend or revoke a visual classification licence,

(f)

vary the terms and conditions subject to which a visual classification licence is granted,

(g)

suspend or revoke an automated classification licence,

(h)

vary the terms and conditions subject to which an automated classification licence is granted.

(2)

The Scottish Ministers may make written representations to the appointed person concerning the decision.

(3)

The appointed person must—

(a)

consider the appeal and any representations made by the Scottish Ministers,

(b)

report in writing to the Scottish Ministers with—

(i)

their conclusions on the appeal,

(ii)

a recommendation as to the manner in which the appeal should be finally determined by the Scottish Ministers.

(4)

The Scottish Ministers must then—

(a)

make a final determination,

(b)

notify the appellant in writing of—

(i)

that determination,

(ii)

the reasons for it,

(c)

if the appeal has been upheld, ensure that the relevant rejection of a licence application, suspension or revocation of the licence, or the variation of the terms and conditions subject to which it has been granted, which has been the subject of the appeal is reversed.