Marine and Coastal Access Act 2009

138 Hearings by Secretary of State or Welsh Ministers

(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.