Nature Conservation (Scotland) Act 2004

21 Advisory Committee on sites of special scientific interest

(1) There is to continue to be a committee (“the Advisory Committee”) with the advisory function relating to sites of special scientific interest conferred on it by this section.

(2) The convener and other members of the Advisory Committee are to be appointed by the Scottish Ministers, on such terms and conditions as they may determine, from among persons appearing to them to have scientific qualifications and experience in relation to flora or fauna or the geological or geomorphological features of land.

(3) Those terms and conditions must include arrangements for the payment by SNH of remuneration and allowances.

(4) A member of SNH, or of any committee appointed by it, may not be appointed to the Advisory Committee.

(5) The Scottish Ministers may, from time to time, give directions to the Advisory Committee as to its procedure.

(6) Subsection (8) applies where—

(a) any person with an interest in land which is a site of special scientific interest makes a representation to SNH in relation to—

(i) any reason specified in an SSSI notification, or notification under section 5(1), in pursuance of section 3(4)(a)(ii), or

(ii) any reason specified in a notification under subsection (1) of section 9 in pursuance of subsection (4)(a)(ii) of that section,

(b) that person does not agree to withdraw the representation, and

(c) the condition set out in subsection (7) is met.

(7) That condition is that the representation is made—

(a) before the expiry of the time limit for making representations in pursuance of paragraph 3(c) of schedule 1 with respect to the notification in question, or

(b) if that time limit has expired, not less than 10 years have elapsed from the date—

(i) on which the last such representation was made, or

(ii) where no such representation has been made previously, on which the notification in question was given.

(8) Where this subsection applies SNH must—

(a) refer the matter to the Advisory Committee,

(b) consider any advice given by the Advisory Committee on the matter, and

(c) take such action as it thinks fit in consequence of any such advice.