Section 8 Review of decisionI1

Scotland

(1)

This paragraph applies to decisions by the Scottish Ministers to reject an application under paragraph 5(1)(a).

(2)

An application for review may be made no later than 3 months from the date of notification of the decision to be reviewed to the Scottish Ministers for a review of that decision.

(3)

An application for review must be in writing and specify—

(a)

the name and address of the applicant, and where that person is not the person named in the decision, the basis upon which that person is seeking review;

(b)

the decision of the Scottish Ministers which is to be reviewed and its date;

(c)

full details of the grounds upon which review is sought; and

(d)

the change sought to the decision.

(4)

An application under this paragraph is to be treated as made if it is received by the Scottish Ministers at the address specified by them for receipt of such applications.

(5)

Where an application is made under this paragraph, the Scottish Ministers shall review the decision which is specified in it.

(6)

In reviewing a decision the Scottish Ministers may—

(a)

consider any document or other evidence produced by the applicant (whether or not that document or evidence was available at the time of the decision);

(b)

invite the applicant to provide such further information relevant to the review as they consider appropriate; and

(c)

give the applicant an opportunity to give evidence and to make representations in person or through a representative.

(7)

Following the review of a decision the Scottish Ministers may—

(a)

confirm the decision;

(b)

amend or alter the decision in any respect which they consider appropriate; or

(c)

revoke the decision in its entirety and substitute a new decision.

(8)

The Scottish Ministers must notify the applicant in writing of their decision under sub-paragraph (7) as soon as reasonably practicable.

Annotations

Commencement

I1: Para. 8 in force at 2.11.2010, see para. 1(1)