Determination of an appeal against a hazardous substances contravention notice
46.—(1) On the determination of an appeal under regulation 43 the Scottish Ministers are to give directions for giving effect to the determination, including, where appropriate, directions for quashing the hazardous substances contravention notice.
(2) On such an appeal—
(a)if they are satisfied that the correction or variation will not cause injustice to the appellant or the planning authority the Scottish Ministers may—
(i)correct any defect, error or misdescription in the hazardous substances contravention notice; or
(ii)vary the terms of the hazardous substances contravention notice.
(b)the Scottish Ministers may—
(i)dismiss the appeal if the appellant fails to comply with regulation 43(3) to (5); or
(ii)allow the appeal and quash the hazardous substances contravention notice if the planning authority fail to comply with regulation 44(2) and (4).
(3) In a case where it would otherwise be a ground for determining the appeal in favour of the appellant that a person required by section 22(4) of the principal Act to be served with the hazardous substances contravention notice was not served, the Scottish Ministers may disregard that fact if neither the appellant nor that person has been substantially prejudiced by the failure to serve the notice.