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There are currently no known outstanding effects for the The Alien and Locally Absent Species in Aquaculture (Scotland) Regulations 2015, Section 16.
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16.—(1) A person (“the appellant”) may appeal to the competent authority against any of the following notices by complying with one of the requirements in paragraph (2) within 21 days from the date on which the notice was served:—
(a)a notice served under regulation 11(2)(a) or (b) or (3) (movement of Annex IV species);
(b)a notice served under regulation 12(4) (amendment of notice);
(c)a notice served under regulation 13(1) (suspension of notice);
(d)a notice served under regulation 14(1) (revocation of notice); or
(e)a notice served under regulation 15(2) (translocation of locally absent species).
(2) The requirements are—
(a)to make written representations to the competent authority; or
(b)to serve on the competent authority written notice that the appellant wishes to appear before and be heard by an independent person appointed by the competent authority.
(3) Where paragraph (2)(a) applies—
(a)the competent authority must appoint an independent person to consider the representations;
(b)that person must consider the representations and provide a report to the competent authority; and
(c)if the appellant requests the competent authority must provide a copy of that report.
(4) Where paragraph (2)(b) applies—
(a)the competent authority must appoint an independent person to hear representations (“the appointed person”) and specify a time limit within which representations must be made;
(b)if the appellant requests, the hearing must be in public;
(c)the appointed person must consider the representations and provide a report to the competent authority; and
(d)if the appellant requests, the competent authority must provide a copy of the appointed person’s report.
(5) The competent authority must serve the appellant with a written notice of its final decision and the reasons for making that decision.
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