40.—(1) This Part and the Hearing Session Rules apply to a non-delegated appeal as they apply to a delegated appeal with the modifications specified in regulation 39(2)(b) and (c).
(2) In this regulation—
“delegated appeal” means an appeal to the Scottish Ministers which falls to be determined by a person appointed by the Scottish Ministers for that purpose by virtue of powers contained in the Schedule to the principal Act;
“non-delegated appeal” means—
a recalled appeal;
an appeal within such classes of case as may be—
for the time being prescribed; or
specified in directions given,
under paragraph 1(2) of the Schedule to the principal Act; and
“recalled appeal” means an appeal which is to be determined by the Scottish Ministers in accordance with a direction under paragraph 3(1) of the Schedule to the principal Act.