Paragraph 4 I1

Scotland

(1)

This paragraph applies to any decision which, immediately before the appointed day, is appealable under section 62 of the 2001 Act.

(2)

Section 62 of the 2001 Act is to continue to have effect in respect of an appeal against a decision to which this paragraph applies which is brought, but not determined, before the appointed day except that, on and after that day—

(a)

the decision appealed against is to be treated as having been made—

(i)

by the Regulator rather than by the Scottish Ministers; and

(ii)

in relation to the register kept under section 20 of the 2010 Act rather than in relation to the register maintained under section 57 of the 2001 Act; and

(b)

anything done by or in relation to the Scottish Ministers in respect of the appeal before the appointed day is to be regarded as having been done by or in relation to the Regulator.

(3)

Where an appeal against a decision to which this paragraph applies has not been brought before the appointed day—

(a)

the decision is, on and after that day, to be to be treated as having been made—

(i)

by the Regulator rather than by the Scottish Ministers; and

(ii)

in relation to the register kept under section 20 of the 2010 Act rather than in relation to the register maintained under section 57 of the 2001 Act;

(b)

the body concerned is accordingly entitled to appeal against the decision under section 29(1) of the 2010 Act; and

(c)

where an appeal is subsequently made against a decision to remove the body from the register, section 29(3) of the 2010 Act applies.

(4)

Sub-paragraph (3) does not allow any appeal to be made which could not have been made under section 62 of the 2001 Act had that section continued to have effect in respect of the decision concerned.

Annotations

Commencement

I1: Sch. 2 para. 4 in force at 1.4.2012, see art. 1(1)