The Environmental Impact Assessment and Natural Habitats (Extraction of Minerals by Marine Dredging) (Scotland) Regulations 2007

Effect of the Scottish Ministers' decision on review

6.—(1) Where the Scottish Ministers have decided, under paragraph 5(1), to revoke or vary a permission granted, or having effect as if granted, under these Regulations, the permission shall be suspended or the variation shall take effect temporarily, as the case may be, subject to sub paragraph (2), on the date on which notice is served under paragraph 5(1).

(2) Where more than one notice is served under paragraph 5(1) in respect of the same revocation or variation, and those notices are served on different days, the suspension or temporary variation shall take effect on the date on which the last of them is served.

(3) Where the Scottish Ministers decide not to proceed with the revocation or variation of the permission under paragraph 5(4), it shall again have effect, or have effect on the terms on which that permission was effective prior to the temporary variation, as the case may be, from the date of the Scottish Ministers decision not so to proceed.

(4) In relation to a permission to which sub paragraph (3) applies–

(a) where the Scottish Ministers have decided not to revoke the permission–

(i) any period specified in the permission for the taking of any action, which expires after the date on which the permission was suspended under sub paragraph (1) or sub paragraph (2), shall be treated as extended by a period equal to that during which the permission was suspended; and

(ii) where a permission requires anything to be done by a specified date, which falls after the date upon which the permission was suspended, the specified date shall be postponed by a period equal to that during which the permission was suspended;

(b) where the Scottish Ministers have decided not to vary the permission–

(i) any period specified in the permission for the taking of any action, which expires after the date on which the permission was varied temporarily under sub paragraph (1) or (2), shall, if the action relates to matters which are affected by the temporary variation, be treated as extended by a period equal to that during which the permission had effect as varied; and

(ii) where a permission requires any action to be taken by a specified date which falls after the date on which the permission was varied temporarily, the specified date shall, if the action relates to matters which are affected by the temporary variation, be postponed by a period equal to that during which the permission had effect as varied.

(5) A revocation or variation under paragraph 5(1), or the suspension or temporary variation of a permission under sub paragraph (1), shall not affect anything done under the permission before the date determined in accordance with that sub paragraph or, as the case may be, sub paragraph (2).