The Scheduled Monuments (Appeals) (Scotland) Regulations 2015

Statement of appeal

15.—(1) The appellant must at the same time as giving notice of appeal to the Scottish Ministers under section 9C(2A) of the Act submit a statement (“statement of appeal”) on a form obtained from the Scottish Ministers.

(2) The statement of appeal, in addition to specifying the grounds of appeal as required by section 9C(3A)(a) of the Act is to give the information specified in paragraph (3).

(3) The information is—

(a) all matters which the appellant intends to raise in the appeal;

(b) the name and address of the appellant;

(c) a copy of the scheduled monument enforcement notice against which the appeal is made;

(d) the name and address of the representative of the appellant (if any) and whether any notice or other correspondence which is required by these Regulations to be sent to the appellant should be sent to the representative instead of the appellant; and

(e) a note of the matters which the appellant considers require determination and by what, if any, procedure (or combination of procedures) mentioned in regulation 10(4) the appellant considers the appeal should be determined.

(4) The statement of appeal is to be accompanied by copies of all documents, materials and evidence which the appellant intends to rely on in the appeal.

(5) In addition to matters set out in the statement of appeal and the documents accompanying the statement of appeal, the appellant may raise matters only in accordance with and to the extent permitted by regulations 12 and 16, the Hearing Session Rules and the Inquiry Session Rules.

(6) The following provisions apply in relation to appeals under section 9C of the Act—

(a) this Part and Parts 1, 3 and 7 (other than regulation 23); and

(b) the Hearing Session Rules and the Inquiry Session Rules.