SCHEDULE 3STHE BOARD

AppealsS

5.—(1) Subject to sub-paragraph (2) the applicant or any person mentioned in paragraph 1 may appeal against the decision of the Board on the application, and must give notice of any such appeal to the Board within 21 days from the date on which notification of the Board’s decision was sent to the applicant or person mentioned in paragraph 1.

(2) Any person mentioned in paragraph 1 who was notified of an application under that paragraph but made no written representations to the Board about it shall not be entitled to appeal against a decision of the Board in relation to that application.

[F1(2A) The grounds of appeal are limited to where the circumstances in sub-paragraph (2B) have occurred or where the Board has erred in law in its application of the provisions of these Regulations.

(2B) The circumstances are—

(a)there has been a procedural defect in the way the application has been considered by the Board;

(b)there has been a failure by the Board to properly narrate the facts or reasons upon which their determination of the application was based; or

(c)there has been a failure to explain the application by the Board of the provisions of these Regulations to those facts.]

[F2(3) Any notice of appeal under this paragraph shall contain a concise statement detailing the circumstances in sub-paragraph (2B) or other points of law in respect of which the appellant contends that the decision of the Board is erroneous.]

(4) The Board shall refer a notice of appeal under this paragraph to the chair of the National Appeal Panel [F3together with the decision of the Board on the application].

[F4(5) The Chair, after considering the notice of appeal and the decision of the Board, shall—

(a)dismiss the appeal, if the Chair is of the opinion that:

(i)the notice discloses no reasonable grounds of appeal; or

(ii)the appeal is otherwise frivolous or vexatious; or

(b)remit the decision back to the Board for reconsideration if the Chair is of the opinion that any of the circumstances in sub-paragraph (2B) have occurred,

and the Chair’s decision is final.]

(6) In any other case the National Appeal Panel shall be convened in accordance with Part II of Schedule 4 and the said Panel shall thereafter determine the appeal.

[F5(7) Where the Chair remits an application back to the Board for reconsideration—

(a)the Chair shall give to the Board such advice as appears to the Chair to be desirable with a view to remedying the defect or failure that has led to the decision to remit;

(b)the Chair shall send a copy of the remitted application and the advice issued to the Scottish Ministers; and

(c)the Board shall reconsider the application.]

[F6(7A) The National Appeal Panel shall, subject to sub-paragraph (7B), make a decision under sub-paragraph (5) or a determination under sub-paragraph (6) within 3 months of the date of receipt of a notice of appeal under sub-paragraph (4).

(7B) The 3 month period in sub-paragraph (7A) may be extended in exceptional circumstances and in such an event the National Appeal Panel must inform the interested parties of the extended time period and the reasons for it.

(7C) In this paragraph “interested parties” means the appellant, the applicant and any person mentioned in paragraph 1 who makes written representations to the Board about the application.]

F7(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I1Sch. 3 para. 5 in force at 1.7.2009, see reg. 1