The Action Programme for Nitrate Vulnerable Zones (Scotland) Regulations 2008

Appeals against notices

29.—(1) An occupier served with a notice under regulation 28 may within the period of 28 days beginning with the day on which that notice is served appeal to the Scottish Land Court(1) on the grounds set out in paragraph (3).

(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) the contravention did not occur;

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

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

(d) any requirement imposed by the notice is not appropriate to achieve compliance with these Regulations 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 must give such detail of the modification proposed as will adequately indicate the nature, extent and cost of that modification.

(5) The Chairman of the Scottish Land Court may make such arrangements as are considered appropriate for the hearing of appeals under these Regulations and such arrangements may permit the Chairman or any member of the Court to determine the whole or any part of an appeal.

(6) On determining an appeal under this regulation the Court may 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.

(7) The requirement to comply with a notice under regulation 28 shall be suspended until the date on which the Court finally intimates its determination of the appeal or the date on which the appeal is withdrawn.

(1)

The Scottish Land Court, established by section 3 of the Small Landholders (Scotland) Act 1911, and continued in being under section 1 of the Scottish Land Court Act 1993 (c. 45).