Environment Act 1995

54 [F1 (1) Section 15 of that Act (appeals against certain authorisations and notices) shall be amended in accordance with the following provisions of this paragraph. E+W+S

(2) In subsection (2) (appeals against variation notices, enforcement notices or prohibition notices to the Secretary of State) after the words “to the Secretary of State” there shall be added the words “ (except where the notice implements a direction of his). ”

(3) For subsection (3) (reference of matters involved in appeals under that section to, and determination of such appeals by, persons appointed by the Secretary of State) there shall be substituted—

“(3) This section is subject to section 114 of the Environment Act 1995 (delegation or reference of appeals etc).”

(4) For subsection (5) (hearings) there shall be substituted—

“(5) Before determining an appeal under this section, the Secretary of State may, if he thinks fit—

(a) cause the appeal to take or continue 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); or

(b) cause a local inquiry to be held;

and the Secretary of State shall act as mentioned in paragraph (a) or (b) above if a request is made by either party to the appeal to be heard with respect to the appeal.”

(5) In subsection (10) (regulations about appeals) after paragraph (b) there shall be added— “ and any such regulations may make different provision for different cases or different circumstances. ”]

Textual Amendments

F1 Sch. 22 paras. 45-61 repealed (1.4.2015 for S.) by Pollution Prevention and Control Act 1999 (c. 24), s. 7(3), Sch. 3; S.S.I. 2015/139, art. 3(e)