C2C3C4C5C6Part II Pollution of water

Annotations:
Modifications etc. (not altering text)
C2

Pt. II modified (S.) (19.5.1993) by S.I. 1993/1156, regs. 3, 4, 5, Sch. 1

Pt. II (ss. 31-56) modified (1.4.1996) by 1995 c. 25, s. 33(5)(b) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

C4

Pt. II modified by S.I. 1984/1200, reg. 3, Sch. 1 and 1985/5, regs. 3(1)(2), 4(1)( a )

C6

Functions exercisable under Pt. II by (a) Minister of Agriculture, Fisheries and Food and (b) that Minister and Secretary of State jointly transferred (W.) by S.I. 1978/272, art. 2(1)(3), Sch. 1

Pt. II: transfer of functions (12.10.1995) by 1995 c. 25, s. 21(1)(a)(ii) (with ss. 7(6), 115, 117); S.I. 1995/2649, art. 2

Miscellaneous

F1C146C Appeals against works notices.

1

A person on whom a works notice is served may, within the period of twenty-one days beginning with the day on which the notice is served, appeal against the notice to the Secretary of State.

2

On any appeal under this section the Secretary of State—

a

shall quash the notice, if he is satisfied that there is a material defect in the notice; but

b

subject to that, may confirm the notice, with or without modification, or quash it.

3

The Secretary of State may by regulations make provision with respect to—

a

the grounds on which appeals under this section may be made; or

b

the procedure on any such appeal.

4

Regulations under subsection (3) above may (among other things)—

a

include provisions comparable to those in section 290 of the M1Public Health Act 1936 (appeals against notices requiring the execution of works);

b

prescribe the cases in which a works notice is, or is not, to be suspended until the appeal is decided, or until some other stage in the proceedings;

c

prescribe the cases in which the decision on an appeal may in some respects be less favourable to the appellant than the works notice against which he is appealing;

d

prescribe the cases in which the appellant may claim that a works notice should have been served on some other person and prescribe the procedure to be followed in those cases;

e

make provision as respects—

i

the particulars to be included in the notice of appeal;

ii

the persons on whom notice of appeal is to be served and the particulars, if any, which are to accompany the notice; or

iii

the abandonment of an appeal.

5

In this section “works notice” means a works notice under section 46A of this Act.

6

This section is subject to section 114 of the Environment Act 1995 (delegation or reference of appeals).