PART VTYPE A SUPPLIES: TEMPORARY DEPARTURE FROM REQUIREMENTS OF PART IV

Authorisation of a second temporary departure10

1

An appropriate local authority shall, before the expiry of the departure period specified in any authorisation granted under regulation 9, review whether the supply fails or is likely to fail to satisfy a requirement of regulation 7(2) by the end of that period.

2

Where, following the review, it appears to the appropriate local authority that the supply fails or is likely to fail to satisfy a requirement of regulation 7(2) by the end of the departure period, it may, subject to the provisions of this regulation, authorise a second departure.

3

Where an appropriate local authority proposes to authorise a second departure, it shall notify the relevant person and the Scottish Ministers of—

a

the results of the review undertaken in accordance with paragraph (1); and

b

the reasons for proposing to authorise a second departure.

4

Paragraphs (2) to (5) and (7) of regulation 9 shall apply to the authorisation of a second departure as they apply to an authorisation under regulation 9.