Radioactive Substances Act 1993

F1 [F2 27 Procedure on appeals unders. 26. U.K.

(1) The Secretary of State may refer any matter involved in an appeal under section 26 to a person appointed by him for the purpose.

(2) An appeal under section 26 shall, if and to the extent required by regulations under subsection (7) of this section, be advertised in such manner as may be prescribed.

(3) If either party to the appeal so requests, an appeal shall be in the form of a hearing (which may, if the person hearing the appeal so decides, be held, or held to any extent, in private).

(4) On determining an appeal from a decision of the chief inspector under section 26 the Secretary of State—

(a) may affirm the decision,

(b) where that decision was the refusal of an application, may direct the chief inspector to grant the application,

(c) where that decision involved limitations or conditions attached to a registration or authorisation, may quash those limitations or conditions wholly or in part, or

(d) where that decision was a cancellation or revocation of a registration or authorisation, may quash the decision,

and where the Secretary of State does any of the things mentioned in paragraph (b), (c) or (d) he may give directions to the chief inspector as to the limitations and conditions to be attached to the registration or authorisation in question.

(5) On the determination of an appeal in respect of a notice under section 26(2), the Secretary of State may either cancel or affirm the notice and, if he affirms it, may do so either in its original form or with such modifications as he may think fit.

(6) The bringing of an appeal against a cancellation or revocation of a registration or authorisation shall, unless the Secretary of State otherwise directs, have the effect of suspending the operation of the cancellation or revocation pending the determination of the appeal; but otherwise the bringing of an appeal shall not, unless the Secretary of State so directs, affect the validity of the decision or notice in question during that period.

(7) The Secretary of State may by regulations make provision with respect to appeals under section 26 (including in particular provision as to the period within which appeals are to be brought).

(8) In the application of this section to Northern Ireland, references to the Secretary of State shall have effect as references to the Department of the Environment for Northern Ireland.]

Textual Amendments

F1 Ss. 26-28 repealed (S.) (1.9.2018) by The Environmental Authorisations (Scotland) Regulations 2018 (S.S.I. 2018/219), reg. 1, sch. 7 para. 1 (with reg. 78, sch. 5 paras. 3, 4, 6 and with transitional provisions and savings (25.11.2021) by The Environmental Authorisations (Scotland) Regulations 2018 (Transitional and Savings Provisions) Order 2021 (S.I. 2021/1309), arts. 1(1), 3-5)

F2 S. 27 repealed (E.W.) (6.4.2010) by The Environmental Permitting (England and Wales) Regulations 2010 (S.I. 2010/675), reg. 1(1)(b), Sch. 26 para. 11(2)(aa), Sch. 28 (with reg. 1(2), Sch. 4)