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Interpretation and Legislative Reform (Scotland) Act 2010

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49Notice of special procedure ordersS

This section has no associated Explanatory Notes

(1)Before a special procedure order is made, confirmed or approved by the Scottish Ministers—

(a)the requirements of the empowering enactment with respect to the service of notices must be complied with, and

(b)notice in accordance with subsection (2) must be given by advertisement—

(i)in the Edinburgh Gazette, and

(ii)in the case of a special procedure order relating to a particular area, in at least one newspaper circulating in that area.

(2)That notice is—

(a)in the case of a special procedure order to be made by the Scottish Ministers on the application of any person, notice by the applicant of the purport of the application,

(b)in the case of a special procedure order to be confirmed or approved by the Scottish Ministers on the application of any person, notice by the applicant of the order as submitted for confirmation or approval (as the case may be),

(c)in the case of a special procedure order to be made by the Scottish Ministers otherwise than on the application of any person, notice by the Scottish Ministers of the order as proposed to be made.

(3)The notice must specify the time by which and the manner in which objections may be made to the application or, as the case may be, to the proposed order.

(4)For the purposes of this section, notice of a special procedure order is sufficient if it—

(a)sets out the purport of the order, and

(b)specifies a place where copies can be obtained free of charge at all reasonable hours.

Modifications etc. (not altering text)

Commencement Information

I1S. 49 in force at 6.4.2011 by S.S.I. 2011/17, art. 3(b)

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