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11.—(1) A person specified in paragraph (3) must have regard to any guidance issued by the Scottish Ministers about capacity exemption applications.
(2) Guidance issued by the Scottish Ministers may—
(a)make different provision for different cases or descriptions of case,
(b)incorporate (by reference or transposition) guidance, codes of practice or other documents published by another person (for example, a trade association, a body representing members of an industry or a trade union).
(3) The persons specified for the purpose of paragraph (1) are—
(a)a person applying to a local authority for an exemption from a requirement imposed by regulation 8(1) or (2), and
(b)a person determining an application.
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