16 Right to make representations to Commission as respects proposals under Part 1S
(1)A condition notice or a notice under section 15 of this Act shall state that, within fourteen days after service of the notice, the person to whom it is given may make written representations to the Commission concerning any matter which that person wishes to dispute.
[F1(2)Where such a notice has been given—
(a)the Commission may not decide to implement the proposal until (whichever first occurs)—
(i)where the person to whom the notice was given makes such representations as are mentioned in subsection (1) above, it has considered those representations;
(ii)that person notifies the Commission in writing that such representations will not be made;
(iii)the period of fourteen days mentioned in that subsection elapses without such representations being made and without the Commission receiving such notification; and
(b)where the circumstances are as mentioned in paragraph (a)(ii) or (iii) above, the Commission shall implement the proposal unless it appears to it that it would be inappropriate to do so.]
(3)Subsections (1) and (2) of this section do not apply as respects a condition notice given by virtue of section 35.
Textual Amendments
F1S. 16(2) substituted (17.10.2005) by Smoking, Health and Social Care (Scotland) Act 2005 (asp 13), ss. 30(2), 43(3); S.S.I. 2005/492, art. 3(a), sch. 1
Commencement Information
I1S. 16 wholly in force at 1.4.2002, see s. 81(2)-(4) and S.S.I. 2002/162, art. 2(e) (subject to arts. 3-13)