Part I The Channel Tunnel Rail Link
Noise
C129 Control of construction sites: appeals.
1
In the M1Control of Pollution Act 1974, sections 60 (control of noise on construction sites) and 61 (prior consent for work on construction sites) shall have effect, in relation to works carried out in exercise of the powers conferred by this Part of this Act, with the following modifications.
2
In subsection (7) (appeal against failure to give consent or the giving of qualified consent), for “a magistrates’ court” there shall be substituted “
the Secretary of State
”
.
3
After that subsection there shall be inserted—
7A
If within seven days of the giving of notice of appeal under subsection (7) of this section the appellant and the local authority so agree, the appeal shall, instead of being determined by the Secretary of State, be referred to arbitration.
C24
The F1Secretary of State for Environment, Food and Rural Affairs and F2the Secretary of State for Transport acting jointly. . . may by regulations made by statutory instrument make in relation to appeals which are referred to arbitration under subsection (7A) of section 60 or 61 of the Control of Pollution Act 1974 any such provision as may be made by regulations under section 70 of that Act in relation to appeals under Part III of that Act to the Secretary of State.