Provisions of deemed scheme: procedural requirements7

1

Section 148 (modification or waiver of rules) applies to provisions of the deemed scheme as it applies to rules (subject to article 5(4)).

2

Sections 152 to 154 and 156 (procedural provisions relating to rules) apply to new provisions as they apply to rules.

3

Section 155 (consultation on proposed rules) does not apply to new provisions.

4

Section 154 (verification of rules) does not apply to designated provisions, but the following provisions of this article apply instead.

5

The production of a printed copy of a designation instrument or a designated provision purporting to be made by the Authority on which is endorsed a certificate which—

a

is signed by a member of the Authority’s staff authorised by it for that purpose; and

b

contains the required statement or statements,

is evidence (or in Scotland sufficient evidence) of the facts stated in the certificate.

6

The required statements in relation to a designation instrument are—

a

that the instrument was made by the Authority;

b

that the copy is a true copy of the instrument; and

c

that on a specified day the instrument was published in accordance with article 3(2)(e).

7

The required statement in relation to a copy of a designated provision is that the text set out in the document is a designated provision within the meaning of article 3.

8

A certificate purporting to be signed as mentioned in paragraph (5) is to be taken to have been properly signed unless the contrary is shown.

9

A person who wishes in any legal proceedings to rely on a designation instrument or on a designated provision may require the Authority to endorse a copy of that instrument or provision with a certificate of the kind mentioned in paragraph (5).