SCHEDULES
SCHEDULE 1Risk Management: Designation of Features
Appeals
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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.