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Community Empowerment (Scotland) Act 2015

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This is the original version (as it was originally enacted).

88Appeals from reviews under section 86

This section has no associated Explanatory Notes

(1)Subsection (2) applies in a case where, following a review carried out under section 86(2), a local authority—

(a)refuses the asset transfer request to which the review relates,

(b)agrees to the request but the decision notice issued under section 86(6) specifies material terms or conditions which differ to a significant extent from those specified in the request, or

(c)does not issue the decision notice within the prescribed period mentioned in sub-paragraph (i) or (where applicable) (ii) of paragraph (b) of subsection (7) of section 86.

(2)The community transfer body making the asset transfer request may appeal to the Scottish Ministers.

(3)Subsections (3) to (10) of section 85 apply to an appeal under subsection (2) of this section as they apply to an appeal under subsection (2) of that section, subject to the modification that any references to the relevant authority in the subsections so applied are to be read as references to the local authority mentioned in subsection (1) of this section.

(4)In subsection (1), references to section 86 include references to the provisions of that section as applied by subsection (2) of, and modified in such application by virtue of subsection (4) of, section 89.

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