- Latest available (Revised)
- Original (As made)
There are currently no known outstanding effects for the The Alien and Locally Absent Species in Aquaculture (Scotland) Regulations 2015, Section 8.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
8.—(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 4(2) (refusal of permit or grant of permit subject to conditions);
(b)a notice served under regulation 5(4) (amendment of permit);
(c)a notice served under regulation 6(1) (suspension of permit); or
(d)a notice served under regulation 7(1) (revocation of permit).
(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 permit holder 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 reaching that decision.
(6) Where an appeal is made against a notice specified in paragraph (1)(c) or (d), the notice has no effect until the final decision of the competent authority on the appeal or the withdrawal of the appeal.
(7) But paragraph (6) does not apply where the notice subject to appeal includes a statement that, in the opinion of the competent authority, there is an imminent risk of adverse effects to biodiversity or an imminent threat to aquatic organisms, habitats or ecosystems.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Policy Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2012 onwards. Prior to this date these type of notes existed as ‘Executive Notes’ and accompanied Scottish Statutory Instruments from July 2005 until July 2012.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: