The Control of Atmospheric Pollution (Appeals) Regulations 1977

EXPLANATORY NOTE

Section 80 of the Control of Pollution Act 1974 empowers a local authority by notice to require the occupier of any premises (except in so far as they consist of a private dwelling) to furnish information concerning the emission of pollutants and other substances into the air from the premises. Any person who has an interest in the premises may appeal against such a notice to the Secretary of State under section 81 of the Act.

These Regulations, which apply to England and Wales, prescribe the manner in which an appeal under section 81 is to be made, and the time within which it may be brought (regulation 3(1) and (2)). They specify the circumstances in which the Secretary of State may be required to withhold certain parts of the appellant's case from the respondent local authority, and the documents which (subject to any such withholding) he is to send to the authority (regulation 3(3) and (4)). Regulation 3(5) prescribes the procedure to be followed before the Secretary of State determines an appeal.