Environment Act 1995

4 (1) If either of the parties to an appeal, matter or question expresses a wish to appear before and be heard by the appointed person, the appointed person shall give both of them an opportunity of appearing and being heard. E+W+S

(2) Whether or not a party to an appeal, matter or question has asked for an opportunity to appear and be heard, the appointed person—

(a) may hold a local inquiry or other hearing in connection with the appeal, matter or question, and

(b) shall, if the Secretary of State so directs, hold a local inquiry in connection with the appeal, matter or question,

but this sub-paragraph is subject to sub-paragraph (3) below.

(3) No local inquiry shall be held by virtue of this Schedule in connection with an appeal under—

(a) section 42B(5) of the M1 Control of Pollution Act 1974,

(b) section 22(5), 66(5) or 78T(3) of the M2 Environmental Protection Act 1990, [F1 or]

(c) section 191B(5) of the M3 Water Resources Act 1991, [F2 or

(d) regulation 31(6) of the Pollution Prevention and Control (England and Wales) Regulations 2000,]

[F3 ;F4 ...

(d) regulation 22 of the Pollution Prevention and Control (Scotland) Regulations 2000,][F5 ; or

(e) regulation 46(j) of the Water Environment (Controlled Activities) (Scotland) Regulations 2005 (S.S.I. 2005/348).]

(appeals against decisions that information is not commercially confidential), or any matter involved in such an appeal, and any hearing held by virtue of this Schedule in connection with any such appeal or matter must be held in private.

(4) Where an appointed person holds a local inquiry or other hearing by virtue of this Schedule, an assessor may be appointed by the Secretary of State to sit with the appointed person at the inquiry or hearing and advise him on any matters arising, notwithstanding that the appointed person is to determine the appeal, matter or question.

(5) Subject to paragraph 5 below, the costs of a local inquiry held under this Schedule shall be defrayed by the Secretary of State.

Textual Amendments

F1 Word in Sch. 20 para. 4(3)(b) omitted (E.W.) (1.8.2000) by virtue of S.I. 2000/1973, reg. 39, Sch. 10 para. 19(a) and (S.) (28.9.2000) by virtue of S.S.I. 2000/323, regs. 1(1), 36, Sch. 10 para. 5(5)(a)

F2 Sch. 20 para. 4(3)(d) and word immediately preceding it inserted (E.W.) (1.8.2000) by S.I. 2000/1973, reg. 39, Sch. 10 para. 19(b)

F3 Sch. 20 para. 4(3)(d) and word immediately preceding it inserted (S.) (28.9.2000) by S.S.I. 2000/323, regs. 1(1), 36, Sch. 10 para. 5(5)(b)

F4 Word in Sch. 20 para. 4(3) omitted (S.) (1.4.2006) by virtue of The Water Environment (Consequential and Savings Provisions) (Scotland) Order 2006 (S.S.I. 2006/181), sch. Pt. 4 para. 8(6)(a)

F5 Sch. 20 para. 4(3)(e) and word inserted (S.) (1.4.2006) by The Water Environment (Consequential and Savings Provisions) (Scotland) Order 2006 (S.S.I. 2006/181), sch. Pt. 4 para. 8(6)(b)

Marginal Citations

M1 1974 c. 40.

M2 1990 c. 43.

M3 1991 c. 57.