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PART 5Appeals under section 154 of the Act

Notice and conduct of the appeal

16.—(1) An appeal to the Scottish Ministers under section 154(1) of the Act is to be made by giving notice in writing in accordance with this regulation.

(2) Subject to regulation 24, the notice of appeal must be served on the Scottish Ministers within the period of three months beginning with, in the case of an appeal made by virtue of–

(a)section 154(1)(a) of the Act, the date of the decision notice; and

(b)section 154(1)(b) of the Act, the date of expiry of the period allowed for determination of the application.

(3) The following provisions apply to an appeal made under section 154(1) of the Act as they apply to an appeal made under section 47 of the Act–

(a)paragraphs (3) to (5) of regulation 3;

(b)regulation 4 other than paragraphs (2)(c) and (d);

(c)regulation 6 other than paragraphs (1)(d) and (e);

(d)Parts 3, 7 (other than regulation 20) and 8; and

(e)the Hearing Session Rules and the Inquiry Session Rules.