SCHEDULE 1Risk Management: Designation of Features
Appeals
15
(1)
The Minister must by regulations provide a right of appeal against—
(a)
designations,
(b)
a decision in connection with consent on an application under paragraph 6,
(c)
a refusal to cancel a designation on an application under paragraph 9, and
(d)
enforcement notices.
(2)
The regulations must—
(a)
confer jurisdiction on the Minister, a court or a tribunal, and
(b)
make provision about procedure.
(3)
Where an appeal against a designation is brought—
(a)
the designation continues to have effect while the appeal is pending;
(b)
the person hearing the appeal may cancel the designation.
(4)
Where an appeal against an enforcement notice is brought—
(a)
the effect of the notice is suspended while the appeal is pending;
(b)
the person hearing the appeal may determine that the notice is to cease to have effect.
(5)
The first sets of regulations may not be made unless a draft has been laid before and approved by resolution of—
(a)
each House of Parliament, in the case of the first regulations made by the Secretary of State, and
(b)
the National Assembly for Wales, in the case of the first regulations made by the Welsh Ministers.