Modifications etc. (not altering text)
C1Sch. 3 savings for effects of 2011 asp 3 s. 21 (1.12.2011) by The Historic Environment (Amendment) (Scotland) Act 2011 (Saving, Transitional and Consequential Provisions) Order2011 (S.S.I. 2011/377), arts. 1(1), 6(b)
3(1)The Secretary of State may, if he thinks fit, direct that an appeal which would otherwise fall to be determined by an appointed person shall instead be determined by the Secretary of State.S
(2)Such a direction shall state the reasons for which it is given and shall be served on the appellant, the planning authority, any person who made representations relating to the subject matter of the appeal which the authority are required to take into account by regulations made under section 10(2) and, if any person has been appointed under paragraph 1, on him.
(3)Where in consequence of such a direction an appeal under section [F15B,] 18 or 35 falls to be determined by the Secretary of State himself, the provisions of this Act which are relevant to the appeal shall, subject to the following provisions of this paragraph, apply to the appeal as if this Schedule had never applied to it.
F2(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6)In determining the appeal the Secretary of State may take into account any report made to him by any person previously appointed to determine it.
Textual Amendments
F1Word in Sch. 3 para. 3(3) inserted (27.2.2015 for specified purposes, 1.10.2015 in so far as not already in force) by Historic Environment Scotland Act 2014 (asp 19), s. 31(2), sch. 3 para. 23(c) (with ss. 29, 30); S.S.I. 2015/31, art. 2, sch.; S.S.I. 2015/196, art. 2, sch.
F2Sch. 3 para. 3(4)(5) repealed (1.12.2011) by Historic Environment (Amendment) (Scotland) Act 2011 (asp 3), ss. 21(b)(ii), 33(2); S.S.I. 2011/372, art. 2, sch.