C2Part VII Land and Works Powers
chapter I POWERS OF THE F2AGENCY
Word in Pt. VII Chapter I heading substituted (subject to the other provisions of the amending Act) (1.4.1996) by 1995 c. 25, s. 120, Sch. 22 para. 128 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3
Anti-pollution works
F1C1161C Appeals against works notices.
1
A person on whom a works notice is served may, within the period of twenty-one days beginning with the day on which the notice is served, appeal against the notice to the Secretary of State.
2
On any appeal under this section the Secretary of State—
a
shall quash the notice, if he is satisfied that there is a material defect in the notice; but
b
subject to that, may confirm the notice, with or without modification, or quash it.
3
The Secretary of State may by regulations make provision with respect to—
a
the grounds on which appeals under this section may be made; or
b
the procedure on any such appeal.
4
Regulations under subsection (3) above may (among other things)—
a
include provisions comparable to those in section 290 of the M1Public Health Act 1936 (appeals against notices requiring the execution of works);
b
prescribe the cases in which a works notice is, or is not, to be suspended until the appeal is decided, or until some other stage in the proceedings;
c
prescribe the cases in which the decision on an appeal may in some respects be less favourable to the appellant than the works notice against which he is appealing;
d
prescribe the cases in which the appellant may claim that a works notice should have been served on some other person and prescribe the procedure to be followed in those cases;
e
make provision as respects—
i
the particulars to be included in the notice of appeal;
ii
the persons on whom notice of appeal is to be served and the particulars, if any, which are to accompany the notice; or
iii
the abandonment of an appeal.
5
In this section “works notice” means a works notice under section 161A above.
6
This section is subject to section 114 of the 1995 Act (delegation or reference of appeals).
Pt. VII (ss. 154-186): Transfer of functions (1.4.1996) to the Agency by 1995 c. 25, s. 2(1)(a)(iv) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3