AppealsS
16.—(1) Subject to paragraph (2), a person given notice of a decision in accordance with regulation 15(6) and (7) may appeal to the Tribunal.
(2) A right of appeal to the Tribunal does not apply where the Scottish Ministers have—
(a)refused to grant or vary a licence; or
(b)varied, suspended or revoked a licence,
for the sole reason that the applicant or licence holder has failed to undertake and pass an examination that required to be undertaken and passed in relation to an application for the grant or variation of the licence or required to be undertaken and passed as a condition of the licence.
(3) Subject to paragraph (4), a decision which may be appealed to the Tribunal under paragraph (1) does not have effect during the time allowed for making an appeal and, in the event that an appeal is timeously made, does not have effect pending final determination of the appeal.
(4) Paragraph (3) does not apply to a decision under regulation 15(5) that a suspension of the licence is to remain in force.
(5) The Scottish Ministers must give effect to any decision of the Tribunal which constitutes the final determination of an appeal under paragraph (1).