The Access to the Countryside (Exclusions and Restrictions) (England) Regulations 2003

Interpretation E+W

19.  In this Part—

“appeal land” means the land which is the subject of an appeal;

“appeal period” means the period referred to in regulations 20(1) and 56(1);

“appointed person” means a person appointed by the Secretary of State under section 8 to determine an appeal or any matter involved in such an appeal and having the powers conferred by paragraphs 3 and 4 of Schedule 3 to the Act;

“assessor” means a person appointed by the Secretary of State under paragraph 4(3) of Schedule 3 to the Act to sit with an inspector at a hearing or inquiry and advise the inspector on any matter arising;

“document” includes a photograph, map or plan;

“hearing” means a hearing in relation to which this Part applies;

“inquiry” means a local inquiry in relation to which this Part applies;

“inspector” means—

(a)

an appointed person; or

(b)

a person holding a hearing or inquiry and making a report to the Secretary of State in order for her to determine the appeal;

“interested person” means a person who has made representations to the Secretary of State in respect of the appeal pursuant to regulation 25(c);

“pre-inquiry meeting” means a meeting held before an inquiry to consider what may be done to ensure that the inquiry is conducted efficiently and expeditiously and, where two or more such meetings are held, references to the conclusion of a pre-inquiry meeting are references to the conclusion of the final meeting;

“prescribed period” means a period prescribed by these Regulations as one within which certain requirements so prescribed are to be met;

“proof of evidence” means a proof of evidence sent to the Secretary of State in accordance with regulation 47;

“questionnaire” means a document, in a form supplied by the Secretary of State, seeking information relating to the appeal;

[F1 “relevant website” means a website maintained by the Secretary of State for purposes which include making available for inspection certain notices, decisions and notifications relating to an appeal under this Part;]

“start date” means the date on which certain prescribed periods are to begin, and, in relation to any given appeal, means the date specified by the Secretary of State under regulation 23(1)(a) in her written notice to the appellant and the relevant authority under that regulation;

“statement of case” means a written statement containing full particulars of the case which a person proposes to put forward, at a hearing or inquiry or by written representations, in relation to the appeal, and includes copies of any supporting documents which that person intends to refer to or put in evidence;

“statement of common ground” means a written statement which is prepared jointly by the appellant and the relevant authority pursuant to regulation 48, and contains agreed factual information about the appeal;

“transferred appeal” means an appeal or any matter involved in an appeal, in respect of which the Secretary of State has exercised her power in section 8 to appoint a person to determine the appeal or the matter (as the case may be) on her behalf, and in relation to any such appeal, references in these Regulations to a decision on appeal shall be construed as references to a decision on the appeal or the matter involved in an appeal (as the case may be) which that person has been appointed to determine; and

“written representations” includes supporting documents.

Textual Amendments

F1 Words in reg. 19 inserted (1.10.2011) by The Access to the Countryside (Exclusions and Restrictions) (Amendment) (England) Regulations 2011 (S.I. 2011/2021), regs. 1(1), 11