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Appeals to the Scottish Ministers
21.- (1) Subject to paragraph (3), the following persons, namely:-
(a) a person who has been refused the grant of a permit under regulation 7;
(b) a person who has been refused the variation of the conditions of a permit on an application under regulation 12;
(c) a person who is aggrieved by the conditions attached to his permit following an application under regulation 7 or by a variation notice following an application under regulation 12;
(d) a person whose application under regulation 13 for a regulator to effect the transfer of a permit has been refused;
(e) a person whose application under regulation 14 to surrender a permit has been refused,
may appeal against the decision of SEPA to the Scottish Ministers.
(2) Subject to paragraph (3), a person on whom a variation notice is served, other than following an application under regulation 12, or on whom a revocation notice, an enforcement notice or a suspension notice is served may appeal against the notice to the Scottish Ministers.
(3) Paragraphs (1) and (2) shall not apply where the decision or notice, as the case may be, implements a direction of the Scottish Ministers.
(4) On determining an appeal against a decision of SEPA under paragraph (1), the Scottish Ministers may-
(a) affirm the decision;
(b) where the decision was a refusal to grant a permit or to vary the conditions of a permit, direct SEPA to grant the permit or to vary the conditions of the permit, as the case may be;
(c) where the decision was as to the conditions attached to a permit, quash all or any of the conditions of the permit;
(d) where the decision was a refusal to effect the transfer or accept the surrender of a permit, direct SEPA to effect the transfer or accept the surrender, as the case may be,
and where they exercise any of the powers in subparagraph (b) or (c), the Scottish Ministers may give directions as to the conditions to be attached to the permit.
(5) On the determination of an appeal under paragraph (2), the Scottish Ministers may either quash or affirm the notice and, if they affirm it, may do so either in its original form or with such modifications as they may in the circumstances think fit.
(6) Where an appeal is brought under paragraph (2) against a revocation notice, the revocation shall not take effect pending the final determination or the withdrawal of the appeal.
(7) Where an appeal is brought under paragraph (1)(c) in relation to the conditions attached to a permit by a variation notice or under paragraph (2) against a variation notice, an enforcement notice or a suspension notice, the bringing of the appeal shall not have the effect of suspending the operation of the notice.
(8) Regulations 8 and 9 shall apply where the Scottish Ministers, in exercising any of the powers in sub-paragraph (b) or (c) of paragraph (4), give directions as to the conditions to be attached to a permit as they would apply to SEPA when determining the conditions of the permit.
(9) Schedule 8 shall have effect in relation to the making and determination of appeals under this regulation.
(10) This regulation and Schedule 8 are subject to section 114 of the Environment Act 1995 (delegation of reference of appeals)(a)
(a) [Section 114 was repealed in part by the Pollution Prevention and Control Act 1999, Schedule 3.]
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