Appeals
36.—(1) Subject to paragraph (2), a person notified of a decision under regulation 35(4)(d) or (8) may appeal to the Tribunal.
(2) There shall be no right of appeal to the Tribunal where the Scottish Ministers have–
(a)refused to grant or r efused to vary a crop inspector’s licence or a seed sampler’s licence; or
(b)varied, suspended or revoked a crop inspector’s licence or a seed sampler’s licence,
for the sole reason that the applicant or licence holder has failed to undertake and pass an exa mination that required to be undertaken and passed in relation to an application for the grant or variation of the licence or required to be undertaken and passed as a condition of the licence.
(3) Subject to paragraph (4), a decision which may be appealed to the Tribunal under paragraph (1) shall not have effect during the time allowed for making an appeal and, in the event that an appeal is timeously made, shall not have effect pending final determination of the appeal.
(4) Paragraph (3) shall not apply to a decision under regulation 35(4)(c) that a suspension of licence is to remain in force.
(5) The Scottish Ministers shall take such steps as are necessary on their part to give effect to any decision of the Tribunal which constitutes the final determination of an ap peal under paragraph (1).