The Registration of Establishments Keeping Laying Hens (Scotland) Regulations 2003

Review of decisions S

9.—(1) Any person affected by any decision made by the Scottish Ministers under these Regulations may, no later than 14 days following the date of that decision, apply in writing to the Scottish Ministers in such form and in such manner as they think fit to have that decision reviewed by persons appointed by the Scottish Ministers, but an application for review under this paragraph shall not have the effect of suspending the decision which is the subject of the application for review.

(2) Where an application is made under paragraph (1) above, the Scottish Ministers shall appoint such persons as they consider appropriate to review the decision and the persons so appointed shall review the decision and may consider any document or evidence produced by the affected person or the Scottish Ministers and may hear any representations from the affected person (in person or through a representative) and on behalf of the Scottish Ministers.

(3) Following that review, the persons appointed under paragraph (2) above shall report to the Scottish Ministers with their findings on the matter and their recommendations as to the determination of the application for review and the Scottish Ministers may, having considered that report–

(a) confirm their decision;

(b) amend their decision in any respect; or

(c) revoke their decision in its entirety and, if appropriate, substitute a new decision.

(4) In coming to a decision in accordance with paragraph (3) above, the Scottish Ministers must have regard to the finding and recommendation reported to them by the persons appointed under paragraph (2) above and give their decision in writing.