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PART 3SExaminations

Examination of proposalsS

6.—(1) Where an initiating party intends to appoint a reporter to carry out an examination under section 75(2) of the Act in relation to a proposal to make a scheme, that party must give notice in writing of its intention to—

(a)the Scottish Ministers, if the initiating party is the local authority proposing to make the scheme,

(b)the local authority, if the initiating party is the Scottish Ministers,

(c)any person who responded to the consultation carried out under section 73(1)(b) of the Act.

(2) A notice of intention under paragraph (1) must be accompanied by—

(a)a statement setting out full details of the matters the initiating party considers require to be taken into account by the reporter in examining the proposal to make the scheme,

(b)a statement as to which of the procedures specified in section 75(3) of the Act the initiating party considers is appropriate in the circumstances,

(c)all documents, materials and evidence upon which the initiating party intends to rely in the examination,

(d)copies of the documents required under section 73(1)(a) of the Act, and the report required under section 73(1)(c) of the Act,

(e)where the statement referred to in sub-paragraph (b) indicates that—

(i)a hearing under section 75(3)(b) of the Act is sought, a list of any persons whom the initiating party wishes to provide a written statement for the purposes of the hearing, or

(ii)an inquiry under section 75(3)(c) of the Act is sought, a list of any persons whom the initiating party wishes to give evidence at the inquiry, any matters which those persons are particularly to address,

and any relevant qualifications those persons have to do so.

(3) Where the initiating party is the Scottish Ministers, the local authority must, as soon as reasonably practicable after a request to do so by the Scottish Ministers, send a copy of the notice and accompanying information mentioned in this regulation to any person who responded to the consultation carried out under section 73(1)(b) of the Act.

(4) All matters which the initiating party intends to raise in the examination must be set out in the statement referred to in paragraph (2)(a), or in the documents which accompany that statement.

Commencement Information

I1Reg. 6 in force at 4.3.2022, see reg. 1(1)