Subordinate Legislation Committee, 27 Jun 2000
Meeting date: Tuesday, June 27, 2000
Official Report
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Pollution Prevention and Control (Scotland) Regulations 2000 (SSI 2000/Draft)
Agenda item 3 is Executive responses, the first instrument being the Pollution Prevention and Control (Scotland) Regulations 2000 (SSI 2000/Draft).
One of the points that we raised about this instrument was that, although it might be fine to have a right of appeal, it would be beneficial to ensure that the prospective appellant knows about that right of appeal. That is a point of principle. Although the regulation may apply more to companies than to individuals, it is a matter of getting the methodology right.
We should therefore draw to the attention of the Transport and the Environment Committee our view that it would be appropriate, if there is to be an appeal mechanism, that the mechanism should be readily available and a matter of common knowledge, without an appellant having to research the matter.
I agree that, for any procedure that involves a penalty, it should be a simple case of natural justice that any person or company should be advised of their rights of appeal. The fact that a company is involved should not allow that to be overlooked.