Modifications etc. (not altering text)
C1Pt. 5 Ch. 1 applied (with modifications) by S.I. 1994/2716, reg. 36(3)(4) (as substituted (E.W.) (12.1.2010 for specified purposes, 12.12.2014 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), s. 324(2)(b)(i), Sch. 11 para. 4(1); S.I. 2014/3088, art. 2(b))
C2Pt. 5 Ch. 1 applied (with modifications) (E.W.) (1.4.2010 except so far as relating to 2009 c. 23, s. 134 for which purpose the amendment comes into force immediately after that provision comes into force, 1.4.2010) by The Conservation of Habitats and Species Regulations 2010 (S.I. 2010/490), reg. 1(2)(4)(a) 38(3)(4) (with regs. 38(5), 125)
(1)This section applies where the Secretary of State has the function of—
(a)deciding (under section 130(8)) whether to confirm a byelaw made under section 129;
(b)deciding (under section 131(5)) whether to revoke an emergency byelaw;
(c)deciding (under section 132(8)) whether to revoke an interim byelaw.
(2)This section also applies where the Welsh Ministers have the function of—
(a)deciding whether to make an order under section 134;
(b)deciding whether to make an interim order under section 136(1).
(3)The Secretary of State or (as the case may be) the Welsh Ministers may, before making that decision, give to any person the opportunity of—
(a)appearing before and being heard by a person appointed for that purpose;
(b)providing written representations to such a person.
(4)The Secretary of State or (as the case may be) the Welsh Ministers may make regulations providing for the procedure to be followed (including decisions as to costs) at hearings held under subsection (3).
(5)A person appointed under subsection (3) must make a report to the Secretary of State or (as the case may be) the Welsh Ministers of any oral or written representations made under that subsection.
Commencement Information
I1S. 138 partly in force; s. 138 in force for specified purposes at Royal Assent see s. 324(1)(c); s. 138 in force for further specified purposes at 12.1.2010 see s. 324(2)(b)(i)