Search Legislation

Advanced Search

The Anti-Pollution Works (Scotland) Regulations 2003

Help about what version

What Version

  • Latest available (Revised)
  • Original (As made)

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Hearings

6.—(1) If any party to the appeal so requests, or if the Scottish Ministers so decide, the appeal shall be or continue in the form of a hearing (which may, if the person hearing the appeal so decides, be held, or held to any extent, in private).

(2) The Scottish Ministers shall give the parties to the appeal at least 28 days' notice (unless the parties agree to a shorter period of notice) of the date, time and place fixed for the hearing.

(3) In the case of a hearing which is to be held wholly or partly in public, the Scottish Ministers shall, at least 21 days before the date fixed for the hearing (or such shorter period as appears to them reasonable where a shorter period of notice is agreed to in terms of paragraph (2)), publish a copy of the notice given under paragraph (2) in a newspaper circulating in each locality which they consider may be affected by any matter which falls to be determined in relation to the appeal.

(4) The Scottish Ministers may vary the date fixed for the hearing and paragraphs (2) and (3) shall apply to the new date as they apply to the original date.

(5) The Scottish Ministers may also vary the time or place fixed for the hearing and shall give such notice of any such variation as appears to them to be reasonable.

(6) Each party to the appeal is entitled to be heard at the hearing.

(7) Nothing in paragraph (6) shall prevent the person appointed to hear the appeal from permitting any other person to be heard at the hearing and such permission shall not be unreasonably withheld.

(8) After the conclusion of a hearing the person appointed to hear the appeal shall, unless that person was appointed under section 114(1)(a) of the Environment Act 1995(1) (power of Scottish Ministers to delegate their functions of determining appeals), make a report in writing to the Scottish Ministers which shall include that person’s conclusions and recommendations or their reasons for not making any recommendations.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources