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The Environmental Impact Assessment (Uncultivated Land and Semi-Natural Areas) (Scotland) Regulations 2002
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- Scottish Statutory Instruments
- 2002 No. 6
- Regulation 16
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Determination of appeals by written representations
16—(1) This regulation shall apply to an appeal which is to be determined by written representations.
(2) Within 42 days of receiving notice that the appeal is to be determined by written representations, the appellant shall either serve on the Scottish Ministers any further representations that the appellant wishes to be considered by the Scottish Ministers or shall notify the Scottish Ministers that the appellant wishes to rely on the information already supplied by that appellant, and the Scottish Ministers shall either send to the interested persons copies of any further representations made by the appellant or shall notify them that the appellant does not intend to make further representations as the case may be.
(3) Any of the interested persons who wish to make representations in respect of the appeal shall, within 28 days of receipt of further representations made by the appellant or of notification that the appellant does not wish to make further representations, as the case may be, serve such representations on the Scottish Ministers, who shall send copies of the representations served upon them to the appellant and to the other interested persons.
(4) The Scottish Ministers shall allow the appellant and the other interested persons a period of not less than 14 days in which to respond to the representations made in accordance with paragraph (3) above.
(5) No earlier than the expiry of the period specified in paragraph (4) above, the Scottish Ministers shall determine the appeal and shall notify the decision and the reasons for it to the appellant and to the interested persons.
(6) When the decision under paragraph (5) above is notified, the Scottish Ministers shall indicate to all persons notified thereunder, the existence of the appeal provisions at regulation 18.
(7) In this regulation, references to the Scottish Ministers shall, where the context so requires, include references to the delegated person.
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