1.—(1) A person who wishes to appeal to the Scottish Land Court under article 70 against a decision of the regulator [F1or the registry administrator (in either case, the “respondent”)] must—U.K.
(a)send the appropriate form to the Scottish Land Court together with the documents referred to in sub-paragraph (2);
(b)at the same time, send a copy of that form to the [F2respondent] together with copies of the documents referred to in sub-paragraph (2)(a) and (f).
(2) The documents are—
(a)a statement of the grounds of appeal;
(b)a copy of any relevant application;
(c)a copy of any relevant plan;
(d)a copy of any relevant correspondence between the appellant and the [F3respondent];
(e)a copy of any notice (or particulars of any deemed refusal) which is the subject matter of the appeal;
(f)a statement indicating whether the appellant wishes the appeal to be—
(i)in the form of a hearing; or
(ii)to be disposed of on the basis of written representations.
(3) An appeal to the Scottish Land Court may be made on one or more of the following grounds—
(a)the decision or notice was based on an error of fact;
(b)the decision or notice was wrong in law;
(c)the decision or notice was unreasonable for any other reason (including that the amount of a penalty was unreasonable);
(d)any other reason.
(4) In this Schedule—
“appropriate form” has the meaning given in rule 3 of the Rules of the Scottish Land Court Order 2014 M1;
“decision” includes a deemed refusal under this Order.
Textual Amendments
F1Words in Sch. 9 para. 1(1) inserted (31.12.2020) by The Greenhouse Gas Emissions Trading Scheme (Amendment) Order 2020 (S.I. 2020/1557), arts. 2(1), 41(2)(a)(i)
F2Word in Sch. 9 para. 1(1)(b) substituted (31.12.2020) by The Greenhouse Gas Emissions Trading Scheme (Amendment) Order 2020 (S.I. 2020/1557), arts. 2(1), 41(2)(a)(ii)
F3Word in Sch. 9 para. 1(2)(d) substituted (31.12.2020) by The Greenhouse Gas Emissions Trading Scheme (Amendment) Order 2020 (S.I. 2020/1557), arts. 2(1), 41(2)(b)
Commencement Information
I1Sch. 9 para. 1 in force at 12.11.2020, see art. 2(1)
Marginal Citations