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Paragraph 1

Scotland

(1)

The Secretary of State may by regulations prescribe classes of appeals under sections F15B, 18 and 35 which are to be determined by a person appointed by the Secretary of State for the purpose instead of by the Secretary of State.

(2)

Those classes of appeals shall be so determined except in such classes of case—

(a)

as may for the time being be prescribed, or

(b)

as may be specified in directions given by the Secretary of State.

(3)

Such regulations may provide for the giving of publicity to any directions given by the Secretary of State under this paragraph.

(4)

This paragraph shall not affect any provision contained in this Act or any instrument made under it that an appeal shall lie to, or a notice of appeal shall be served on, the Secretary of State.

(5)

A person appointed under this paragraph is referred to in this Schedule as an “appointed person”.

Annotations

Textual amendments

F1

Word in Sch. 3 para. 1(1) inserted (27.2.2015 for specified purposes, 1.10.2015 in so far as not already in force) by Historic Environment Scotland Act 2014 (asp 19), s. 31(2), sch. 3 para. 23(a) (with ss. 29, 30); S.S.I. 2015/31, art. 2, sch.; S.S.I. 2015/196, art. 2, sch.

Notes on Schedule 3

Modifications

C1

Sch. 3 savings for effects of 2011 asp 3 s. 21 (1.12.2011) by The Historic Environment (Amendment) (Scotland) Act 2011 (Saving, Transitional and Consequential Provisions) Order2011 (S.S.I. 2011/377), arts. 1(1), 6(b)