- Latest available (Revised)
- Original (As enacted)
This is the original version (as it was originally enacted).
(1)If the Commission decides to implement a notice to which section 37 of this Act applies, it shall give the local authority to which that notice was given notice of its decision.
(2)A notice under subsection (1) above shall—
(a)explain the right of appeal conferred by section 39 of this Act; and
(b)in the case of a decision—
(i)to grant an application in respect of which there has been a proposal under section 34(1)(b); or
(ii)to vary or remove a condition or to impose an additional condition,
state the condition or additional condition imposed, or the condition varied or removed, as the case may be.
(3)Subject to subsection (4) below, a decision to implement a notice to which section 37 of this Act applies shall not take effect—
(a)if no appeal is brought, until the period of fourteen days referred to in section 39(1) of this Act has elapsed; and
(b)if an appeal is brought, until that appeal is finally determined or abandoned.
(4)Where the authority notify the Commission in writing, before the period of fourteen days referred to in section 39(1) of this Act has elapsed, that there will be no appeal against a notice under section 34(1)(ii), that notice shall take effect on receipt of such notification by the authority.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: