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TRANSITIONAL PROVISIONS
57. Regulation 24 set out transitional arrangements in terms of the time period for making an appeal. It ensures that were a person is entitled to make an appeal before the 3rd August 2009 (the date the regulations come into force) that such person will have six months in which to make an appeal. Such an appeal made after 3rd of August 2009 is to be made in accordance with the regulations.
58. In cases of "local developments" where a right of appeal for non-determination of an application first arises before 3rd August 2009 then the applicant continues to have a right of appeal for non-determination of the case under section 47(2) and not a right to require a review under the new section 43A.
58. For appeals made before 3rd August the current law applies. Where notice of appeal is given to the Scottish Ministers under section 47(3), 130(2), 154(2), 169(2) or 180(2) of the Act before 3rd August 2009 -
(a) sections 47, 48, 130, 131, 133 and 155 of and Schedule 4 to the Act, as the case may be, shall continue to apply for the purposes of that appeal as those provisions had effect immediately before that date; and
(b) section 47A shall not apply for the purposes of that appeal.
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