The Control of Off-Street Parking in Greater London (Appeals Procedure) Regulations 1986

Notice of refusal to entertain appeal

8.—(1) At any time before—

(a) deciding an appeal on the basis of documents and written representations submitted to him in a case where regulation 7 applies, or

(b) fixing the date, time and place for the hearing in any other case,

the Secretary of State may give notice in writing to the appellant, the local authority, and any interested persons on whom the appellant has served a copy of the notice of appeal, that it appears to the Secretary of State that the appeal is one which, by virtue of paragraph 15 of Schedule 4 to the Act (appeals against necessary decisions), he is not required to entertain in whole or in part.

(2) Upon giving by the Secretary of State of a notice under paragraph (1) of this regulation

(a) relating to the whole of the appeal, no further steps shall be taken in connection with the appeal, or

(b) relating to a part only of the appeal, no further steps shall be taken in connection with that part, but the other part of the appeal shall thereafter be treated as the appeal for the purposes of these Regulations.

(3) If in any case, before giving notice under paragraph (1) of this regulation, the Secretary of State has received any representations from the local authority under regulation 5(1), the Secretary of State shall either allow the appellant an opportunity to comment on those representations before he decides to give the notice under that paragraph or shall completely disregard those representations in coming to a decision to give such notice.