The Fishing Boats (Satellite-tracking Devices) (Scotland) Scheme 2012

Review of decision

9.—(1) Where the Scottish Ministers reject an application under paragraph 5(1)(a) an application for review may be made no later than 3 months from the date of notification of that decision by the Scottish Ministers under paragraph 5(1)(c).

(2) An application for review may be made by—

(a) any applicant whose application has been rejected; or

(b) any other person.

(3) An application for review must—

(a) be in writing;

(b) be delivered to the address specified by the Scottish Ministers by notice published under paragraph 4(4); and

(c) specify—

(i) the name and address of the applicant;

(ii) the decision of the Scottish Ministers which is to be reviewed and its date;

(iii) where the application for review is made by a person mentioned in sub-paragraph (2)(b), the basis upon which that person seeks review; and

(iv) full details of the grounds upon which review is sought.

(4) An application under this paragraph is to be treated as made if it is received by the Scottish Ministers at the address specified by them for receipt of such applications.

(5) Where an application is made under this paragraph the Scottish Ministers must review the decision which is specified in it.

(6) In reviewing a decision the Scottish Ministers may—

(a) consider any document or other evidence produced by the applicant or, where different, the applicant for review (whether or not that document or evidence was available at the time of the decision);

(b) invite the applicant or, where different, the applicant for review to provide such further information relevant to the review as they consider appropriate; and

(c) give the applicant or, where different, the applicant for review an opportunity to give evidence and to make representations in person or through a representative.

(7) Following the review of a decision the Scottish Ministers may—

(a) confirm the decision; or

(b) revoke the decision in its entirety and substitute a new decision.

(8) The Scottish Ministers must notify the applicant and, where different, the applicant for review in writing of their decision under sub‑paragraph (7) as soon as reasonably practicable.