The Act Consultation, urgent designation, representations etc. Section 78 - Representations and hearing in relation to proposed designation order
121.Section 78 provides that Scottish Ministers may, before deciding whether to make a designation order, give any person the opportunity to make oral or written representations. This section also gives Scottish Ministers the power to make regulations providing for the procedure to be followed at any hearing held under this section. It should be noted that section 77 confers discretionary powers on Scottish Ministers. Formal consultation duties on Ministers for non-urgent MPAs are set down in section 75.