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The Action Programme for Nitrate Vulnerable Zones (Scotland) Regulations 2003

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Appeals against notices requiring works etc.

5.—(1) A person served with a notice under Regulation 4 above may within the period of 28 days beginning with the day on which that notice is served appeal to the Scottish Land Court on the grounds set out in paragraph (3) below.

(2) An appeal shall be made by the appellant in such form as may be specified by the Scottish Land Court.

(3) An appeal may be made on one or more of the following grounds:–

(a)that the contravention did not occur or is not likely to continue or recur;

(b)that any requirement imposed by the notice is inadequately specified in it;

(c)that any requirement imposed by the notice is not required to remedy, or to prevent the continuation or repetition of, the contravention to which the notice relates; or

(d)that any requirement imposed by the notice is not appropriate to achieve compliance with the action programme and the appellant contends that any such requirement should be modified.

(4) Where an appellant contends that the notice should be modified, the grounds of appeal shall give such detail of the modification proposed as will adequately indicate the nature, extent and cost of the modification.

(5) The Scottish Land Court shall have power to make such rules as are necessary to regulate the procedure to be followed for disposal of appeals under this Regulation, which rules shall–

(a)provide for intimation to SEPA as a potential respondent; and

(b)require the Scottish Ministers to lodge answers.

(6) The Chairman of the Scottish Land Court may make such arrangements as are considered appropriate for the hearing of appeals under these Regulations and in particular may delegate to himself or herself, or to any Member of the Court, power to determine the whole or any part of an appeal.

(7) On determining an appeal under this Regulation the Court shall have power to direct the Scottish Ministers to withdraw the notice, to modify any of the requirements of the notice, to extend the period for compliance or to dismiss the appeal.

(8) The requirement to comply with a notice under Regulation 4 above shall be suspended until the date on which the Court finally intimates its determination of the appeal, or if the appeal is withdrawn, the date on which it is withdrawn.

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