Exclusion from the scheme
10.—(1) The Scottish Ministers may exclude an operator of an eligible service from the scheme in relation to any eligible service.
(2) If the Scottish Ministers exclude an operator from the scheme the operator concerned may appeal against that decision within the period of 56 days beginning with the day on which the operator was notified of the decision.
(3) Where an operator makes an appeal under paragraph (2), the appeal is to be determined by an assessment panel comprising 3 members appointed by agreement between the operator and the Scottish Ministers.
(4) The assessment panel must either—
(a)determine that the operator must continue to participate in the scheme, or
(b)determine that the operator is excluded from the scheme in relation to any eligible service.
(5) The assessment panel must send a copy of their determination to the operator and to the Scottish Ministers.