SCHEDULE 2FURTHER ENFORCEMENT MEASURES

AppealsI17

1

A reservoir manager on whom a further enforcement measure is imposed may appeal to the Scottish Ministers against the decision to impose it.

2

The appeal must be made within a period of 28 days beginning with the day on which the final notice (to which the appeal relates) was given to the reservoir manager under paragraph 6.

3

The appeal may be made on any ground including that—

a

the decision was based on an error of fact;

b

the decision was wrong in law;

c

the nature of a requirement imposed by the measure is unreasonable; or

d

the decision was unreasonable for any other reason.

4

Where an appeal is made under this paragraph in relation to a decision to impose a further enforcement measure, the further enforcement measure is suspended from the day on which the appeal is made until the day on which the appeal is determined or withdrawn.