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.