In accordance with paragraphs 10 and 1 of schedule 2 of the above Act, notice is hereby given that, on 21 December 2017, The Scottish Borders Council confirmed the proposed Hawick Flood Protection Scheme 2017 without modifications. The final decision was made in accordance with section 60 and paragraph 9 of schedule 2 of the above Act and Parts II, III & IV of the above Regulations.

In accordance with paragraph 11 of schedule 2 of the above Act, the Hawick Flood Protection Scheme 2017 will become operative six weeks after notice of its confirmation is first published in a locally circulating newspaper, as is required under paragraph 10 (2) (d) of schedule 2 of the above Act, unless an appeal in accordance with paragraph 12 of schedule 2 of the above Act is made against the Scheme i.e. between the period 19 January to 2 March 2018 inclusive.

An appeal is to be made by way of summary application to the Sheriff of the Sheriffdom of Lothian and Borders at: Sheriff Clerk’s Office, Sheriff Court House, Ettrick Terrace, Selkirk, TD7 4LE; however, it may be made through any other Sheriff Court in the Sheriffdom of Lothian and Borders. The grounds on which a decision can be appealed are: (a) that the confirmed scheme breaches the restriction in section 61 (3) or does not comply with the requirement in section 61 (4) of the above Act; (b) that, in reaching the decision, the local authority erred in law; or (c) that there was a failure to comply with a procedural requirement contained in schedule 2 of the above Act or the above Regulations. The Sheriff may, on the application of the appellant, suspend the operation of the scheme, or any part of it, either generally or insofar as it affects any interest in land which the appellant has, pending determination of the appeal. If the Sheriff is satisfied that the interests of the applicant have been substantially prejudiced, as detailed in paragraph 12 (7) of schedule 2 of the above Act, then the Sheriff may uphold the appeal and quash the scheme, or any part of it either generally or insofar as it affects the interest in land which the appellant has.

Nuala McKinlay, Chief Legal Officer, Newtown St. Boswells