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The Town and Country Planning (Hazardous Substances) (Scotland) Regulations 2015
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- Scottish Statutory Instruments
- 2015 No. 181
- PART 5
- Regulation 40
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Non-delegated appeals
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40.—(1) 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).
(2) 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—
(a)
a recalled appeal;
(b)
an appeal within such classes of case as may be—
(i)
for the time being prescribed; or
(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.
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