The Action Programme for Nitrate Vulnerable Zones (Scotland) Regulations 1998

Appeals against notices requiring works etc.

5.—(1) A person served with a notice under regulation 4 above may within the period of 28 days beginning with the day on which that notice is served (or within such longer period as the Committee may allow) appeal to the Committee against the notice.

(2) An appeal under this regulation shall be made by the appellant serving notice on the Committee and the notice shall contain or be accompanied by a statement of the grounds of appeal.

(3) Before determining an appeal under this regulation the Committee shall–

(a) give SEPA an opportunity to express its views on the appeal, and

(b) if requested to do so by the appellant or the Secretary of State, afford them an opportunity of appearing before and being heard by a person appointed by the Committee for that purpose.

(4) On determining an appeal under this regulation the Committee shall have power to direct the Secretary of State to withdraw the notice under regulation 4 above, to modify any of its requirements, to extend the period for compliance with any requirement or to dismiss the appeal.

(5) The period for compliance with a notice under regulation 4 above shall, subject to any direction under paragraph (4) above, be extended by a period equal to the period beginning with the date on which notice of appeal is served and ending on the date on which the Committee finally determines the appeal or, if the appeal is withdrawn, the date on which it is withdrawn.