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The Planning (National Security Directions and Appointed Representatives) (Scotland) Rules 2006

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Functions of an appointed representative

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4.—(1) The first function of an appointed representative is to represent the interests of the affected person by–

(a)taking instructions from the affected person before receiving copies of potentially closed evidence;

(b)making written representations as to whether a direction should be given; and

(c)in respect of a hearing held in accordance with rule 10–

(i)dealing with preliminary matters;

(ii)making submissions; and

(iii)cross-examining witnesses.

(2) The second function of an appointed representative is to represent the interests of the affected person by–

(a)where an appointed representative has been appointed after a direction has been made, taking instructions from the affected person before receiving copies of closed evidence;

(b)dealing with preliminary matters in relation to closed evidence in respect of a local inquiry;

(c)making submissions or cross-examining witnesses, in relation to closed evidence, at a local inquiry; and

(d)attending site visits.

(3) The third function of an appointed representative is to ensure that the closed evidence or potentially closed evidence is returned to the person who supplied it as soon as practicable after–

(a)the Scottish Ministers have given notice under rule 14 that they do not intend to give a direction;

(b)the local inquiry, to which the closed evidence relates, has ended; or

(c)the Scottish Ministers have notified the appointed representative that no local inquiry, to which the closed evidence relates, will be held,

whichever is later.

(4) The fourth function of an appointed representative is to bring proceedings in a court in relation to any of the appointed representative’s other functions.

(5) The appointed representative may, for the purpose of any function conferred by this rule, discuss any matter relating to the closed evidence or potentially closed evidence with–

(a)the person who has requested the direction; or

(b)a person specified, or of any description specified, in the direction as being entitled to hear or inspect such information.

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