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SCHEDULES

SCHEDULE 4S Determination of certain appeals by person appointed by Secretary of State

Powers and duties of appointed personsS

2(1)An appointed person shall have the same powers and duties—S

(a)in relation to an appeal under section 47, as the Secretary of State has under section 48(1), (3), (5) and (8);

[F1(aa)in relation to an appeal under section 75B, as the Scottish Ministers have under subsections (4) and (5) of that section;

(ab)in relation to an appeal under section 75F, as the Scottish Ministers have under subsections (4) and (5) of that section;]

(b)in relation to an appeal under section 130, as he has under sections 132(1), (2) and (4) and 133(1) to (4);

(c)in relation to an appeal under section 154, as he has under subsection (2) and (3) of that section;

(d)in relation to an appeal under section 169, as he has under subsections (5), (6), (8) and (9) of that section;

(e)in relation to an appeal under section 180, as he has under subsections (4) and (6) of that section; and

(f)in relation to an appeal under paragraph 6(11) or (12) or 11(1) of Schedule 9 or paragraph 9(1) of Schedule 10, as he has under paragraph 18 of Schedule 8.

F2(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)Where an appeal has been determined by an appointed person, his decision shall be treated as that of the Secretary of State.

(7)Except as provided by section 239, the decision of an appointed person on an appeal shall be final.

Textual Amendments

F1Sch. 4 para. 2(1)(aa)(ab) inserted (1.2.2011) by Planning etc. (Scotland) Act 2006 (asp 17), ss. 54(18)(b)(i), 59(2) (with S.S.I. 2009/222, art. 9(2)(h)); S.S.I. 2010/400, art. 3, sch. (as amended (2.12.2010) by S.S.I. 2010/430, art. 3)

F2Sch. 4 para. 2(2)-(5) repealed (3.8.2009) by Planning etc. (Scotland) Act 2006 (asp 17), s. 59(2), sch.; S.S.I. 2009/219, art. 2, sch.