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PART 2Appeals under section 83(6) of the Act

Intimation to relevant authority and relevant authority’s response

4.—(1) The community transfer body must at the same time as giving the notice of appeal to the Scottish Ministers send to the relevant authority—

(a)a copy of the notice of appeal;

(b)a list of all documents, materials and evidence which the community transfer body intends to rely on in the appeal; and

(c)a copy of all documents, materials and evidence specified on such list other than any documents, materials or evidence which—

(i)the community transfer body has already provided to the relevant authority in connection with the asset transfer request; or

(ii)the relevant authority otherwise already holds.

(2) The relevant authority must, before the expiry of the period of 15 working days beginning with the date of receipt of notification of an appeal under paragraph (1), send to the Scottish Ministers and the community transfer body—

(a)a note (“the relevant authority’s response”) of the matters which the relevant authority considers require to be taken into account in determining the appeal and by what, if any, procedure (or combination of procedures) the relevant authority considers the appeal should be conducted;

(b)a copy of the documents (other than those specified on the list mentioned in paragraph (1)(b)) which the relevant authority intends to rely on in the appeal; and

(c)the terms on which, and any conditions subject to which, the relevant authority considers the transfer of land should be made.

(3) The community transfer body may, within the period of 15 working days beginning with the date of receipt of the relevant authority’s response, send to the Scottish Ministers and the relevant authority—

(a)comments on—

(i)any terms and conditions included in the relevant authority’s response by virtue of paragraph (2)(c); and

(ii)any other matters raised in the relevant authority’s response; and

(b)any documents, materials or evidence on which the community transfer body intends to rely in relation to such comments.

(4) In addition to matters set out in the relevant authority’s response and related documents, the relevant authority may raise matters and submit further documents, materials or evidence only in accordance with and to the extent to which the review panel or the Scottish Ministers make a request for further representations to be made or further information to be provided by the relevant authority (whether under regulation 8(1), rule 1(1) of the Hearing Session Rules or otherwise).