Civic Government (Scotland) Act 1982

Notification of decisions and giving of reasons

23(1)A district or islands council shall, within 10 days of being required to do so under sub-paragraph (2) below, give reasons in writing for arriving at any decision of theirs under this Schedule—

(a)to grant or renew a licence under this Schedule or to refuse to do so;

(b)to revoke a licence under this Schedule or not to revoke it;

(c)to consent or to refuse to consent to a material change in any premises, vehicle, vessel or stall;

(d)to vary or to refuse to vary the terms of a licence under this Schedule.

(2)Reasons for a decision referred to in sub-paragraph (1) above shall be given by the district or islands council on a request being made to the council by a relevant person within 28 days of the date of the decision.

(3)Nothing in this paragraph affects the power of the sheriff under paragraph 24 below to require a district or islands council to give reasons for a decision of the council—

(a)which is being appealed to the sheriff under that paragraph ; and

(b)for which reasons have not been given under this paragraph.

(4)In this paragraph, " relevant person " means—

(a)in respect of a decision specified in sub-paragraph (1)(a) above, the applicant or any person who made a relevant objection or representation (within the meaning of paragraph 3 above) in relation to the application to which the decision relates ;

(b)in respect of a decision specified in sub-paragraph (1)(b) to (d) above, the holder of the licence, the chief constable or the fire authority ; and

(c)in respect of a decision specified in sub-paragraph (1)(b) above, any person who in pursuance of paragraph 13(5)(b) above was heard by the council.