This Part and the Hearing Session Rules apply to a non-delegated appeal as they apply to a delegated appeal with the modifications specified in regulation 39(2)(b) and (c).

In this regulation—

• “delegated appeal” means an appeal to the Scottish Ministers which falls to be determined by a person appointed by the Scottish Ministers for that purpose by virtue of powers contained in the Schedule to the principal Act;

• “non-delegated appeal” means—

  1. a

     a recalled appeal;

  2. b

     an appeal within such classes of case as may be—

     1. i

        for the time being prescribed; or

     2. ii

        specified in directions given,

     under paragraph 1(2) of the Schedule to the principal Act; and

• “recalled appeal” means an appeal which is to be determined by the Scottish Ministers in accordance with a direction under paragraph 3(1) of the Schedule to the principal Act.