Part V Miscellaneous, General and Supplemental Provisions

Appeals

C2C3114 Power of Secretary of State to delegate his functions of determining, or to refer matters involved in, appeals.

C11

The Secretary of State may—

a

appoint any person to exercise on his behalf, with or without payment, any function to which this paragraph applies; or

b

refer any item to which this paragraph applies to such person as the Secretary of State may appoint for the purpose, with or without payment.

2

The functions to which paragraph (a) of subsection (1) above applies are any of the Secretary of State’s functions of determining—

a

an appeal under—

F9i

section 42B(5) of the Control of Pollution Act 1974,

ii

section 4 of the M1Control of Pollution (Amendment) Act 1989,

iii

section 15, 22(5), F10..., 62(3)(c), F10..., 78L or 78T of the M2Environmental Protection Act 1990,

F8iv

paragraph 2 or paragraph 3(3) of Schedule 6 to the M3Natural Heritage (Scotland) Act 1991,

v

section F5 36A, 43, F651,F12... 92, 96, 161C or 191B(5) of the M4Water Resources Act 1991,

F13vi

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F11vii

F14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F14paragraph 6 of Schedule 5 to the Waste Management Licensing (Scotland) Regulations 2011,

F1viii

regulations under section 2 of the Pollution Prevention and Control Act 1999 extending to Scotland,

F2viii

regulations under section 2 of the Pollution Prevention and Control Act 1999 extending to England and Wales,

F4ix

section 3 of the Water Act 2003,

F3ix

regulations under section 20 (regulation of controlled activities) of the Water Environment and Water Services (Scotland) Act 2003 (asp 3),

or any matter involved in such an appeal;

F7b

the questions, or any of the questions, which fall to be determined by the Secretary of State under section 39(1) or section 49(4) of the M5Control of Pollution Act 1974.

3

The items to which paragraph (b) of subsection (1) above applies are—

C1a

any matter involved in an appeal falling within subsection (2)(a) above;

b

any of the questions which fall to be determined by the Secretary of State under section 39(1) or section 49(4) of the Control of Pollution Act 1974.

C14

Schedule 20 to this Act shall have effect with respect to appointments under subsection (1)(a) above.