Paragraph 2

Scotland

(1)

An appointed person shall have the same powers and duties—

F1(za)

in relation to an appeal under section 5B as the Scottish Ministers have under section 5C and paragraph 2(1A) of schedule 1,

(a)

in relation to an appeal under section 18 as the Secretary of State has under subsection (1) of section 20 and paragraph 2 of Schedule 1, and

(b)

in relation to an appeal under section 35, as he has under section 37(1), (2) and (4) and paragraph 2 of Schedule 1.

F2(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)

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(4)

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(5)

Where an appeal has been determined by an appointed person, his decision shall be treated as that of the Secretary of State.

(6)

Except as provided by sections 57 and 58, the decision of an appointed person on any appeal shall be final.

Annotations

F1: Sch. 3 para. 2(1)(za) 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(b) (with ss. 29, 30); S.S.I. 2015/31, art. 2, sch.; S.S.I. 2015/196, art. 2, sch.
F2: Sch. 3 para. 2(2)-(4) repealed (1.12.2011) by Historic Environment (Amendment) (Scotland) Act 2011 (asp 3), ss. 21(b)(i), 33(2); S.S.I. 2011/372, art. 2, sch.

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)