OpenLegislation

Regulation 15 Appeals: determination by the Scottish MinistersI1

Scotland

(1)

Following consideration of the material provided under regulation 14(3), the Scottish Ministers must—

(a)

determine the appeal by upholding it (whether wholly or partly), or

(b)

refer the appeal to be determined by a person appointed by them for that purpose.

(2)

If the Scottish Ministers determine the appeal they must substitute a new decision for the relevant decision.

(3)

For all purposes (including the right to appeal under section 68(1) of the Act), the new decision is deemed to have been made under the same provision of the Act as the relevant decision.

(4)

When making and notifying the new decision, the Scottish Ministers must comply with any requirement of the Act or regulations made under it that applied to the making and notification of the relevant decision.

Annotations

Commencement

I1

Reg. 15 in force at 1.4.2019, see reg. 1(1)