Reviewing and reporting
The Regulations require the Local Authority to review the need for a Direction at least once every 7 days.
The review should determine if the conditions in regulation 3(1) that led to the Direction being issued remain unchanged. Where they are unchanged then the Direction should remain in place, and if change such that one or both of the conditions is no longer met, then the Direction must be revoked.
This can be revoked without replacement, or it can be replaced with a new Direction to reflect the evolving circumstances in relation to which the local authority considers that the regulation 3(1) conditions are met.
Each review should be documented in an appropriate manner so that there is a clear audit trail of Local Authority decision making.
Local Authorities must notify the Scottish Ministers when a direction has been issued as soon as reasonably practical after it has been issued. They must also notify neighbouring Local Authorities whose area is adjacent to their area, including the relevant county or district council in England where applicable.
Local Authorities should also put in place arrangements to notify all the relevant parties of the outcome of each 7 day review of a Direction. This should include the business or person affected by the direction.
Local Authorities should also consider arrangements to ensure each Direction is brought to the attention of persons who may be affected by it, or its revocation. This may vary greatly depending on the individual circumstances at the time, and therefore Local Authorities may need to adopt an adaptable approach to this.
Regulation 9 provides that where a local authority gives a direction on a person specified by name, it must be given in writing to that person and may be published in such other manner as the local authority considers appropriate to bring to the attention of other people who may be affected by it.
In any other case, a direction must be published on the local authority’s website, and may be published in such other manner as the local authority considers appropriate.