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Public Services Reform (Scotland) Act 2010

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This is the original version (as it was originally enacted).

88Notice of SCSWIS’s decision under Chapter 4

This section has no associated Explanatory Notes

(1)If SCSWIS decides to implement a notice to which section 87 applies, it must give the local authority to which that notice was given notice of its decision.

(2)A notice under subsection (1) must—

(a)explain the right of appeal conferred by section 89, and

(b)in the case of a decision—

(i)to grant an application in respect of which there has been a proposal under section 84(1), 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), a decision to implement a notice to which section 87 applies does not take effect—

(a)if no appeal is brought, until the period of 14 days referred to in section 89(1) has elapsed, and

(b)if an appeal is brought, until that appeal is finally determined or abandoned.

(4)Where the authority notifies SCSWIS in writing, before the period of 14 days referred to in section 89(1) has elapsed, that there will be no appeal against a notice under section 84(1)(b), that notice takes effect on receipt by SCSWIS of that notification.

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