PART 12U.K.APPEALS

83.—(1) An operator of a scheme or an operator of a proposed scheme may appeal—

(a)to the Secretary of State against a decision of the Environment Agency;

(b)to the Welsh Ministers against a decision of the Natural Resources Body for Wales;

(c)to the Scottish Ministers against a decision of SEPA; and

(2) For the purposes of paragraph (1), a decision means a decision—

(a)to refuse to grant an approval allowing a distributor to rely on existing take back facilities, under regulation 69;

(b)to refuse to grant approval of that operator’s proposed scheme under regulation 55; or

(c)to withdraw approval of that operator’s scheme under regulation 58.

(3) An operator of an ATF or an exporter may appeal—

(a)to the Secretary of State against a decision of the Environment Agency;

(b)to the Welsh Ministers against a decision of the Natural Resources Body for Wales;

(c)to the Scottish Ministers against a decision of SEPA; and

(d)to the Planning Appeals Commission against a decision of the [F2Department of Agriculture, Environment and Rural Affairs].

(4) For the purposes of paragraph (3), a decision means a decision—

(a)to refuse to grant an application for approval made by that operator of an ATF or that exporter under regulation 61;

(b)to refuse to grant an extension of a grant of approval made to that exporter under regulation 62; or

(c)to suspend or cancel a grant of approval made in relation to that ATF or that exporter under regulation 64.

(5) For the purposes of this Part and Schedule 14, “appeal body” means one of the following—

(a)the Secretary of State;

(b)the Welsh Ministers;

(c)the Scottish Ministers; or

(d)the Planning Appeals Commission.

Textual Amendments

Commencement Information

I1Reg. 83 in force at 1.1.2014, see reg. 1(2)