The Anti-Pollution Works (Scotland) Regulations 2003

Appeals

4.—(1) A person who wishes to appeal to the Scottish Ministers under section 46C of the Act (appeals against works notices) shall give the Scottish Ministers notice of the appeal.

(2) A notice of appeal shall state–

(a) the name and address of the appellant and of all persons to be served with a copy of the notice of appeal, in terms of paragraph (4);

(b) the grounds on which the appeal is made; and

(c) whether the appellant wishes the appeal to be determined on the basis of written representations or a hearing.

(3) A notice of appeal shall be accompanied by copies of any application, consent, correspondence, decision, notice or other document relevant to the appeal.

(4) At the same time as the appellant gives notice of the appeal to the Scottish Ministers, the appellant shall send a copy of the notice of appeal, together with a list of the documents provided to the Scottish Ministers under paragraph (3), to–

(a) SEPA; and

(b) where a ground of appeal is that the appellant considers, having regard to the terms of section 46A(1) of the Act, that the notice should instead have been served on some other person, that person.

(5) If the appellant wishes at any time to abandon the appeal, the appellant shall do so by notice informing the Scottish Ministers and shall send a copy of the notice to SEPA and any other person on whom, in terms of paragraph (4), the appellant was required to serve a copy of the appellant’s notice of appeal.