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41.—(1) Any request to the Scottish Ministers for the appointment of a referee (“the referee”) under section 61(1)(b) of the Act must be made in writing.
(2) Where the subject of the referral to be made to the referee is a direction contained in a safety report or an inspection report, the request must be accompanied by—
(a)the safety report or the inspection report containing the direction;
(b)a statement specifying the terms of the direction in the safety report or, as the case may be, the inspection report for which the appointment is requested;
(c)where the report containing the direction is a safety report, any safety measure certificate given in relation to the report; and
(d)where the report containing the direction is an inspection report, any interim inspection compliance certificate given in relation to the report.
(3) Where the subject of the referral to be made to the referee is a matter mentioned in a preliminary certificate or a final certificate, the request must be accompanied by—
(a)the preliminary certificate or the final certificate which mentions the matter; and
(b)a statement specifying the matter in the preliminary certificate or, as the case may be, the final certificate for which the appointment is requested.
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