Review of a decision by the Scottish Ministers7
1
A manufacturer may apply in writing to the Scottish Ministers for a review of a decision.
2
An application for review–
a
must be made within 28 days after the date on which notice of the decision is received by the applicant; and
b
may include any written explanation that the applicant considers appropriate.
3
A decision which is the subject of an application for review shall, unless the Scottish Ministers direct otherwise in writing, have effect until the date of determination of that application.
4
The application for review shall be determined by the Scottish Ministers, in accordance with paragraphs (5) to (9).
5
The Scottish Ministers shall name an appointed person.
6
The Scottish Ministers shall inform the applicant in writing–
a
of the name and address of the appointed person;
b
of the role of that person; and
c
that the applicant may give a written explanation (or further explanation) to that person.
7
Any written explanation referred to in paragraph (6) shall be given to the appointed person within 14 days after the date of intimation to the applicant under that paragraph.
8
The appointed person shall–
a
examine the merits of the decision;
b
consider any written explanation given by the applicant;
c
report to the Scottish Ministers following that examination; and
d
include in that report such recommendation (if any) for determination of the application as the appointed person shall think fit.
9
The Scottish Ministers shall consider the report of, and any recommendation by, the appointed person.
10
The Scottish Ministers shall inform the applicant in writing of the result of the determination of the review.
11
In this article, “decision” means the–
a
determination of an application for approval;
b
decision to attach a condition to an approval;
c
amendment, suspension or revocation of an approval; or
d
refusal to renew an approval.