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Civic Government (Scotland) Act 1982

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This is the original version (as it was originally enacted).

Notification of decisions and giving of reasons

23(1)A district or islands council shall, within 10 days of being required to do so under sub-paragraph (2) below, give reasons in writing for arriving at any decision of theirs under this Schedule—

(a)to grant or renew a licence under this Schedule or to refuse to do so;

(b)to revoke a licence under this Schedule or not to revoke it;

(c)to consent or to refuse to consent to a material change in any premises, vehicle, vessel or stall;

(d)to vary or to refuse to vary the terms of a licence under this Schedule.

(2)Reasons for a decision referred to in sub-paragraph (1) above shall be given by the district or islands council on a request being made to the council by a relevant person within 28 days of the date of the decision.

(3)Nothing in this paragraph affects the power of the sheriff under paragraph 24 below to require a district or islands council to give reasons for a decision of the council—

(a)which is being appealed to the sheriff under that paragraph ; and

(b)for which reasons have not been given under this paragraph.

(4)In this paragraph, " relevant person " means—

(a)in respect of a decision specified in sub-paragraph (1)(a) above, the applicant or any person who made a relevant objection or representation (within the meaning of paragraph 3 above) in relation to the application to which the decision relates ;

(b)in respect of a decision specified in sub-paragraph (1)(b) to

(d)above, the holder of the licence, the chief constable or the fire authority ; and

(c)in respect of a decision specified in sub-paragraph (1)(b) above, any person who in pursuance of paragraph 13(5)(b) above was heard by the council.

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