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The Offshore Chemicals Regulations 2002
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- UK Statutory Instruments
- 2002 No. 1355
- Regulation 17
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Appeal to High Court, Court of Session or High Court in Northern IrelandU.K.
17.—(1) Subject to paragraph (6), [F1any permit applicant, permit holder or operator] aggrieved by a decision of the Secretary of State made under these Regulations may appeal to the court.
(2) Subject to paragraph (4), the expression “the court” means—
(a)in respect of a decision relating to the [F2use, discharge or release] of an offshore chemical in the English area, the High Court;
(b)in respect of a decision relating to the [F3use, discharge or release] of an offshore chemical in the Scottish area F4..., the Court of Session;
(c)in respect of a decision relating to the [F5use, discharge or release] of an offshore chemical in the Northern Irish area, the High Court in Northern Ireland.
(3) In this regulation the expressions “the English area”, “the Scottish area” and “the Northern Irish area” shall have the same meanings as in the Civil Jurisdiction (Offshore Activities) Order 1987 M1.
(4) Where an offshore chemical is [F6used, discharged or released] or is to be used or discharged in more than one of the areas referred to in [F7paragraph (2)], any of the courts having jurisdiction in the area or areas where the offshore chemical is [F6used, discharged or released] or is to be used or discharged shall have jurisdiction in relation to the decision in question.
(5) Unless the court otherwise orders, any decision of the Secretary of State which is the subject of an appeal under paragraph (1) shall remain in force pending a final disposal of that appeal.
(6) An appeal under this regulation shall be made within 28 days of written notification of the decision in question.
Textual Amendments
F1Words in reg. 17(1) substituted (30.3.2011) by The Offshore Chemicals (Amendment) Regulations 2011 (S.I. 2011/982), regs. 1, 19(a)
F2Words in reg. 17(2)(a) substituted (30.3.2011) by The Offshore Chemicals (Amendment) Regulations 2011 (S.I. 2011/982), regs. 1, 19(b)(i)
F3Words in reg. 17(2)(b) substituted (30.3.2011) by The Offshore Chemicals (Amendment) Regulations 2011 (S.I. 2011/982), regs. 1, 19(b)(i)
F4Words in reg. 17(2)(b) omitted (30.3.2011) by virtue of The Offshore Chemicals (Amendment) Regulations 2011 (S.I. 2011/982), regs. 1, 19(b)(ii)
F5Words in reg. 17(2)(c) substituted (30.3.2011) by The Offshore Chemicals (Amendment) Regulations 2011 (S.I. 2011/982), regs. 1, 19(b)(i)
F6Words in reg. 17(4) substituted (30.3.2011) by The Offshore Chemicals (Amendment) Regulations 2011 (S.I. 2011/982), regs. 1, 19(c)(i)
F7Words in reg. 17(4) substituted (30.3.2011) by The Offshore Chemicals (Amendment) Regulations 2011 (S.I. 2011/982), regs. 1, 19(c)(ii)
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