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The Town and Country Planning (Appeals) (Scotland) Regulations 2013

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Opt-in notice to interested parties

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8.—(1) Where the appointed person does not determine the appeal without further procedure, the appointed person may (but is not required to) invite, by notice given in accordance with this regulation, any or all interested parties to confirm if they wish to participate in any further procedure.

(2) The notice given under paragraph (1) is to—

(a)state that if the interested party wishes to participate in any further procedure conducted in relation to the appeal they must send a notice (‘an opt-in notice’) to the appointed person informing the appointed person of that wish;

(b)include information as to how the opt-in notice may be given and specify the date (being not less than 14 days after the date on which the notice under paragraph (1) is given) on or before which the opt-in notice must be given to the appointed person; and

(c)inform the interested party that if they do not give an opt-in notice to the appointed person before that date they may lose the opportunity to participate in any further procedure.

(3) Where notice is given under paragraph (1) any reference in regulations 10 and 12 and in the Hearing Session Rules and Inquiry Session Rules to an interested party is to be treated as including only those interested parties who have given an opt-in notice to the appointed person in accordance with this regulation.

(4) In this regulation “opt-in notice” has the meaning given in paragraph (2)(a).

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