The Control of Off-Street Parking outside Greater London (Appeals Procedure) (England and Wales) Regulations 1979

Interpretation

2.—(1) In these Regulations, unless the context otherwise requires—

“appeal” means an appeal to which these Regulations apply and “the appellant” shall be construed accordingly;

“the appointed person” means the person appointed by the Secretary of State to hold the hearing or inquiry in connection with the appeal;

“controlled area” has the same meaning as in the Order in Council;

“the county council”, in relation to an appeal, means the county council whose regulations under the Order in Council have designated as a controlled area the area in which are situated the premises requiring the licence which is the subject of the appeal;

“hearing” means a hearing by a person appointed by the Secretary of State for the purposes of the appeal;

“interested person” means any person (other than the appellant) who is entitled to any interest in the premises or who is the licence holder or the applicant for, or for a variation of the terms and conditions of, the licence or who, in a case involving an appeal against the revocation of, or the refusal to renew, a licence under the Order in Council in relation to the premises, was the holder of that licence;

“the licence” means the licence under the Order in Council to which the appeal relates, and “applicant for a licence”, “proposed licence” and “licence holder” shall be construed accordingly;

“the local authority”, in relation to an appeal, means the district council whose decision is under appeal;

“the Order in Council” means the Control of Off-Street Parking (England and Wales) Order 1978; and

“the premises” means the premises to which the licence or proposed licence (as the case may be) relates.

(2) References in these Regulations to the decision of the local authority include references to any decision of which the local authority are deemed by paragraph 14(2) of the Schedule to the Order in Council to have given notification, and references to notification of the decision of the local authority include references to any notification so deemed to have been given.

(3) Any reference in these Regulations to a numbered Regulation is a reference to the Regulation bearing that number in these Regulations.