4. In section 49—
(a)at the end of subsection (1), insert—
“; or
(c)the applicant has not exhausted the complaints procedure provided by the Scottish public authority or third party under regulation 14 of the 2009 Regulations”;
(b)in subsection (6)—
(i)for the words from “that authority” to “Act”, substitute “a Scottish public authority or third party has acted or is acting in a way which is not compatible with regulation 8(4)(c) or 10 of the 2009 Regulations”; and
(ii)for paragraphs (a) and (b), substitute—
“(a)the steps which must be taken by the Scottish public authority or third party for rectifying the incompatibility;” and
(c)subsection (9) is omitted.