The Felling (Scotland) Regulations 2019

Appeals: determination by an appointed person

16.—(1) Where the Scottish Ministers refer an appeal for determination under regulation 15(1)(b), they must send to the appointed person-

(a) all material provided to them by the appellant under regulation 14(3),

(b) in so far as not covered by paragraph (a), a copy of any other material that was before them when they made the relevant decision,

(c) a note of response to the appeal, setting out all submissions and matters that they consider should be taken into account in determining the appeal, and

(d) any other documents, materials and evidence that they consider should be taken into account in determining the appeal.

(2) The Scottish Ministers must, at the same time as sending the material referred to in paragraph (1) to the appointed person-

(a) notify the appellant that they have referred the appeal to the appointed person, and

(b) send a copy of the material referred to in paragraph (1)(b) to (d) to the appellant.

(3) The appointed person must not determine the appeal without first giving the appellant the opportunity to consider and respond to the material provided to the appellant by the Scottish Ministers under paragraph (2)(b).

(4) The appointed person may decide that the appeal is to be conducted by one of, or by a combination of, the following procedures:-

(a) written submissions,

(b) the holding of one or more oral hearings,

(c) an inspection of the land to which the appeal relates,

and may otherwise follow such procedure as the appointed person considers to be conducive to the effective and efficient determination of the appeal.

(5) In determining the appeal the appointed person may decide to-

(a) uphold the appeal (wholly or partly) and refer the matter back to the Scottish Ministers for reconsideration and a new decision,

(b) uphold the appeal (wholly or partly) and substitute the appointed person’s decision for the relevant decision, or

(c) refuse the appeal.

(6) For all purposes (including the right to appeal under section 68(1) of the Act), a new decision made by the Scottish Ministers following reconsideration after referral under paragraph (5)(a), or the appointed person’s decision under paragraph 5(b), is deemed to have been made under the same provision of the Act as the relevant decision.

(7) When making and notifying a decision pursuant to paragraph (5)(a) or (b), the Scottish Ministers, or as the case may be, the appointed person, must comply with any requirement of the Act or regulations made under it that applied to the making and notification of the relevant decision.

(8) A decision made under paragraph (5)(b) or (c) is not subject to a right of appeal under section 68(1) of the Act.