13(1)Subject to sub-paragraphs (2) [F1to (4)] below, a control scheme or any variation or revocation of such a scheme shall not at any time be questioned in any proceedings whatsoever.S
[F2(2)Any owner or occupier of land who is aggrieved by—
(a)a decision of the Scottish Ministers to—
(i)confirm a control scheme,
(ii)make a scheme varying a control scheme, or
(iii)revoke a control scheme, or
(b)the terms or conditions of such a scheme,
may appeal to the Scottish Land Court.]
[F2(3)An appeal under sub-paragraph (2) must be lodged not later than 28 days after the date of publication of the notice referred to in paragraph 12(b).
(4)The Scottish Land Court must determine an appeal under sub-paragraph (2) on the merits rather than by way of review and may do so by—
(a)affirming the control scheme,
(b)directing the Scottish Ministers to revoke the scheme,
(c)making such other order as it thinks fit.]
Textual Amendments
F1Words in Sch. 2 para. 13(1) substituted (1.1.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 28(6)(i)(i), 43(1) (with s. 41(1)); S.S.I. 2011/433, art. 2(1)(f)
F2Sch. 2 para. 13(2)-(4) substituted for Sch. 2 para. 13(2)(3) (1.1.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 28(6)(i)(ii), 43(1) (with s. 41(1)); S.S.I. 2011/433, art. 2(1)(f)