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The Marine Licensing (Licence Application Appeals) Regulations 2011
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- UK Statutory Instruments
- 2011 No. 934
- PART 3
- Regulation 8
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Decision as to appeal procedure and start date
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8.—(1) The Secretary of State must, as soon as practicable after receipt of a valid notice of appeal, decide whether the appeal is to be determined by means of written representations, a hearing or an inquiry.
(2) The Secretary of State must notify the appellant and the Authority of that decision.
(3) The date on which that notification is sent is the start date for the appeal.
(4) A decision under paragraph (1) may be varied by a subsequent decision under that paragraph at any time before the proceedings are determined.
(5) But before making such a variation the Secretary of State must consult—
(a)the appellant, and
(b)where the Authority is not the Secretary of State, the Authority.
(6) Where the decision is varied—
(a)the Secretary of State must notify the appellant, the Authority and any other person who has made written representations in respect of the appeal of such change;
(b)anything done in relation to the former appeal procedure which could have been done under any corresponding provision of these Regulations relating to the new appeal procedure has effect as if done under that corresponding provision; and
(c)the Secretary of State may give consequential directions as to the procedure.
(7) Nothing in paragraphs (4) to (6) affects the start date under paragraph (3).
(8) The Secretary of State must publish the criteria that are to be applied in making a decision under paragraph (1).
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