15.—(1) The Scottish Ministers must not decide to—
(a)refuse to grant a licence under regulation 4(1)(b);
(b)vary a licence or refuse to vary a licence under regulation 5(1); or
(c)suspend or revoke a licence under regulation 7;
unless they have complied with the provisions of this regulation.
(2) Subject to paragraph (3), before taking any decision mentioned in paragraph (1) the Scottish Ministers must give the licence holder [F1or, as the case may be, [F2the person who applied for a licence under regulation 3]]—
(a)a notice stating what they are proposing to do and the reasons for it; and
(b)the opportunity of making representations within such period as the Scottish Ministers consider reasonable.
(3) Paragraph (2) does not apply to a decision of the Scottish Ministers to suspend a licence in whole or in part with immediate effect under regulation 7(4).
(4) Where the Scottish Ministers decide to suspend a licence in whole or in part with immediate effect under regulation 7(4), they must give the licence holder—
(a)as soon as reasonably practicable notice of their decision and the reasons for it; and
(b)the opportunity of making representations within such period as the Scottish Ministers consider reasonable.
(5) If the Scottish Ministers have received written representations within the period referred to in paragraph (2)(b) or, as the case may be, paragraph (4)(b), they must as soon as reasonably practicable consider any such representations before taking any decision mentioned in paragraph (1) or, as the case may be, deciding that the suspension of the licence is to remain in force or is to be recalled.
(6) The Scottish Ministers must give the licence holder [F3or, as the case may be, the person refused a licence,] notice of—
(a)any decision mentioned in paragraph (1) together with the reasons for it and the date from which the decision is to have effect;
(b)any decision that the suspension of a licence in whole or in part is to remain in force together with the reasons for it.
(7) In giving a notice under paragraph (6), the Scottish Ministers must, where a right of appeal exists under regulation 16(1), inform the licence holder [F4or, as the case may be, the person refused a licence] of—
(a)the right to appeal to the Tribunal against the decision; and
(b)the period of time within which such an appeal may be brought.
Textual Amendments
F1Words in reg. 15(2) inserted (6.2.2017) by The Seed (Miscellaneous Amendments) (Scotland) Regulations 2016 (S.S.I. 2016/434), regs. 1(2), 8(3)(a)
F2Words in reg. 15(2) substituted (1.7.2017) by The Seed (Fees etc.) (Scotland) Regulations 2017 (S.S.I. 2017/179), regs. 1, 8
F3Words in reg. 15(6) inserted (6.2.2017) by The Seed (Miscellaneous Amendments) (Scotland) Regulations 2016 (S.S.I. 2016/434), regs. 1(2), 8(3)(b)
F4Words in reg. 15(7) inserted (6.2.2017) by The Seed (Miscellaneous Amendments) (Scotland) Regulations 2016 (S.S.I. 2016/434), regs. 1(2), 8(3)(c)
Commencement Information