2(1)An appointed person shall have the same powers and duties as the Secretary of State has under subsection (4) of section 21.E+W
(2)Subsection (5) of that section shall not apply to an appeal which falls to be determined by an appointed person, but before it is determined the Secretary of State shall ask the appellant and the hazardous substances authority whether they wish to appear before and be heard by the appointed person.
(3)If both the parties express a wish not to appear and be heard the appeal may be determined without their being heard.
(4)If either of the parties expresses a wish to appear and be heard, the appointed person shall give them both an opportunity of doing so.
[F1(4B)Sub-paragraph (2) does not apply to an appeal to the Welsh Ministers.]
(5)Where an appeal has been determined by an appointed person, his decision shall be treated as that of the Secretary of State.
(6)Except as provided by section 22, the validity of that decision shall not be questioned in any proceedings whatsoever.
(7)It shall not be a ground of application to the High Court under that section, that an appeal ought to have been determined by the Secretary of State and not by an appointed person, unless the appellant or the hazardous substances authority challenge the appointed person’s power to determine the appeal before his decision on the appeal is given.
(8)Where in any enactment (including this Act) there is a reference to the Secretary of State in a context relating or capable of relating—
(a)to an appeal under section 21, or
(b)to anything done or authorised or required to be done by, to or before the Secretary of State on or in connection with any such appeal,
then so far as the context permits it shall be construed, in relation to an appeal determined or falling to be determined by an appointed person, as a reference to him.
[F2(10)Sub-paragraph (8) does not apply to references to the Welsh Ministers in section 21B (determination by the Welsh Ministers of procedure for certain proceedings).]
Textual Amendments
F1Sch. para. 2(4B) inserted (11.11.2014) by The Town and Country Planning (Determination of Procedure) (Wales) Order 2014, art. 1(2), Sch. 1 para. 29(2).
F2Sch. para. 2(10) inserted (11.11.2014) by The Town and Country Planning (Determination of Procedure) (Wales) Order 2014, art. 1(2), Sch. 1 para. 29(3).
Commencement Information
I1Sch. para. 2 wholly in force at 1.6.1992 see S.I. 1992/725, art. 3; Sch. para. 2 in force for certain purposes at 11.3.1992 see S.I. 1992/725, art. 2