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SCHEDULE 4SGRANT OF PERMITS

PART 2SDETERMINATION OF APPLICATIONS

28.—(1) The Scottish Ministers must give SEPA any Member State representations received in the 35 day period after the date of notification of the draft determination to the Secretary of State under paragraph 26 within the 10 day period of beginning on the day after the end of that 35 day period.S

(2) SEPA, or the Scottish Ministers in a called-in case, must—

(a)consider any Member State representation when determining a case to which paragraph 26 applies, and

(b)on determining the case provide any F1... Member State with which bilateral consultation has been carried out with information on the—

(i)contents of the decision (including a copy of the permit),

(ii)reasons for making the determination, and

(iii)results of consultation before making the determination, and on how the results were taken into account by SEPA or the Scottish Ministers.