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(1)In section 158 of the 2006 Act (notice of decisions)—
(a)in subsection (12)(a), for “give” substitute “subject to subsection (17), advise of the right to request”,
(b)after that subsection insert—
“(13)A person on whom a notice of a decision to which this section applies has been served may request the local authority to give its reasons for the decision.
(14)A request under subsection (13) must be made within 14 days of the person receiving notice of the decision.
(15)Where a local authority receives such a request it must notify the person of its reasons for the decision within 14 days of receiving the request.
(16)A local authority must, at the same time as notifying the person under subsection (15), so notify any other person on whom a notice of the decision has been served.
(17)The requirement for the notice to advise of the right to request the local authority’s reasons does not apply where the reasons are included in the notice (or accompany it in writing).”.
(2)In section 159 of the 2006 Act (Part 5 appeals), after subsection (5) insert—
“(5A)For the purposes of an appeal, the sheriff may require the local authority to give reasons for the decision (if the authority has not already done so), and the authority must comply with such a requirement.”.
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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
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