Determination of applications
5.—(1) Subject to the EU Regulations and these Regulations, the Scottish Ministers may—
(a)refuse to approve an application; or
(b)approve an application in whole or in part, either unconditionally or subject to such conditions as the Scottish Ministers may determine.
(2) The Scottish Ministers may at any time vary an approval by amending any conditions to which it has been made subject, or by adding conditions.
(3) The Scottish Ministers must notify—
(a)an applicant in writing of their decision in respect of an application;
(b)a beneficiary of any conditions to which their approval has been made subject or which has been varied under this regulation.
(4) Paragraph (5) applies where the Scottish Ministers notify—
(a)an applicant of a refusal to approve an application;
(b)a beneficiary of the approval of an application subject to conditions; or
(c)a beneficiary of the variation of the terms of an existing approval.
(5) The Scottish Ministers must give such an applicant or beneficiary—
(a)written reasons for the decision; and
(b)an opportunity to make representations in relation to that decision within such reasonable time as is notified to the applicant or beneficiary by the Scottish Ministers.
(6) The Scottish Ministers must—
(a)consider any representations received under paragraph (5)(b);
(b)make a decision which either confirms their original decision or substitutes a different decision; and
(c)notify the applicant or beneficiary in writing of the decision under sub-paragraph (b).