C1Part 4Marine licensing
Licences
I131Pre-variation, suspension or revocation procedure
1
This section applies where the Scottish Ministers propose to vary, suspend or revoke a licence under section 30.
2
The Scottish Ministers must notify—
a
the licensee,
b
any other person whom they consider would be adversely affected by the variation, suspension or revocation.
3
Such notification must—
a
state that the Scottish Ministers propose to vary, suspend or, as the case may be, revoke the licence,
b
state the ground on which they propose to do so,
c
specify a period of not less than 28 days within which the person notified may request the opportunity to make representations about the proposal before a person appointed by the Scottish Ministers.
4
The Scottish Ministers must appoint a person (the “appointed person”) for the purpose of—
a
hearing any such representations, and
b
reporting to them on the merits of such representations.
5
Where a request referred to in subsection (3)(c) is made timeously, the Scottish Ministers must—
a
provide a reasonable opportunity for the person notified to make representations to the appointed person,
b
(where that opportunity has been taken) have regard to the appointed person's report on the representations.
6
Where the Scottish Ministers consider that there is an urgent need to vary or suspend a licence, they may do so—
a
for a period not exceeding 3 months,
b
until there is no longer such a need, whichever is the shortest, without doing the things mentioned in subsections (2) and (5).
7
The Scottish Ministers may, by regulations, make provision as to—
a
the categories of person who may be an appointed person or the qualifications of such persons,
b
the procedure to be followed at a hearing under subsection (4)(a),
c
the manner in which reports under subsection (4)(b) are to be communicated to them,
d
the publication of such reports.
Pt. 4 modified (18.3.2011) by Forth Crossing Act 2011 (asp 2), ss. 8, 80(2) (with ss. 69, 78); S.S.I. 2011/38, art. 2, Sch.