- Draft legislation
This is a draft item of legislation and has not yet been made as a Scottish Statutory Instrument. This draft has been replaced by a new draft, The Additional Powers Request (Scotland) Regulations 2019 ISBN 978-0-11-104260-1
16.—(1) An application for review under regulation 15(2) must be made in writing in accordance with this regulation.
(2) An application for review must be received by the Scottish Ministers no later than the date set out in the decision notice under regulation 14(1)(e)(ii).
(3) The application for review must—
(a)identify the requesting local authority,
(b)describe the additional power,
(c)include a statement setting out the requesting local authority’s reasons for seeking a review of the decision, and
(d)be accompanied by a list of all documents, materials and evidence on which the requesting local authority intends to rely in the review.
(4) Subject to paragraph (5)—
(a)all matters which the requesting local authority intends to raise in the review must be set out in the application for review or in the documents, materials and evidence referred to on the list submitted in accordance with paragraph (3)(d), and
(b)the application for review must be accompanied by a copy of all documents, materials and evidence specified on such list other than any documents, materials or evidence which—
(i)the requesting local authority has already provided to the Scottish Ministers in connection with the additional powers request, or
(ii)the Scottish Ministers otherwise already hold.
(5) In addition to matters set out in the application for review and in the documents, materials and evidence referred to the list submitted in accordance with paragraph (3)(d), the requesting local authority may raise matters and submit further documents, materials or evidence only—
(a)in accordance with and to the extent permitted by regulation 17(7), or
(b)where a request is made (under regulation 22(1), rule 1(1) of the Hearing Session Rules or otherwise) for further representations to be made or further information to be provided by the requesting local authority.
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