PART 5ASSET TRANSFER REQUESTS
Appeals and reviews
87Review of decisions by the Scottish Ministers
1
Subsection (2) applies in a case where—
a
an asset transfer request is made to the Scottish Ministers by a community transfer body, and
b
the Scottish Ministers—
i
refuse the request,
ii
agree to the request but the decision notice relating to the request specifies material terms or conditions which differ to a significant extent from those specified in the request, or
iii
do not give a decision notice relating to the request to the community transfer body within the period mentioned in paragraph (a) or (where applicable) paragraph (b) of section 82(8).
2
On an application made by the community transfer body, the Scottish Ministers must carry out a review of the case.
I13
The Scottish Ministers may by regulations make provision about reviews carried out under subsection (2) including, in particular, provision in relation to—
a
the procedure to be followed in connection with reviews,
b
the appointment of such persons, or persons of such description, as may be specified in the regulations for purposes connected with the carrying out of reviews,
c
the functions of persons mentioned in paragraph (b) in relation to reviews (including a function of reporting to the Scottish Ministers),
d
the manner in which reviews are to be conducted, and
e
the time limits within which applications for reviews must be brought.
I14
The provision that may be made by virtue of subsection (3) includes provision that—
a
the manner in which a person appointed by virtue of paragraph (b) of that subsection carries out the person's functions in relation to a review, or any stage of a review, is to be at the discretion of the person,
b
the manner in which a review, or any stage of a review, is to be carried out by the Scottish Ministers is to be at the discretion of the Scottish Ministers.
5
Having regard to any report they receive by virtue of subsection (3)(c), the Scottish Ministers may, in relation to a decision reviewed under subsection (2)—
a
confirm the decision,
b
modify the decision, or any part of the decision (including any terms and conditions specified in the decision notice to which the asset transfer request relates), or
c
substitute a different decision for the decision.
6
Following a review under subsection (2), the Scottish Ministers must—
a
issue a decision notice as respects the asset transfer request to which the review relates, and
b
provide in the decision notice the reasons for their decision.
7
A decision notice issued under subsection (6) replaces any decision notice relating to the asset transfer request in respect of which the review was carried out.
8
Subsections (3) to (5) of section 82 apply in relation to a decision relating to an asset transfer request in a review under subsection (2) of this section as they apply in relation to a decision relating to the request under subsection (2) of that section.
I19
Section 83 applies in relation to a decision to agree to an asset transfer request (including a decision to confirm such an agreement) following a review under subsection (2) as it applies in relation to a decision mentioned in subsection (1) of that section.