The Environmental Permitting (England and Wales) Regulations 2016

Appeals in relation to confidentiality E+W

53.—(1) The information subject may give notice of appeal to the appropriate authority against a determination made under regulation 50 within 15 working days after the regulator has given notice of it.

(2) A notice of appeal must—

(a) be in writing,

(b) include a statement of the grounds of appeal,

(c) state whether the information subject wishes the appeal to be in the form of a hearing or to be disposed of through written representations, and

(d) be copied to the regulator.

(3) If the information subject gives notice of appeal, the regulator must not include the information on the public register before the appeal is decided.

(4) The appropriate authority—

(a) may give the information subject and the regulator an opportunity of appearing before and being heard by a person appointed by it, and

(b) must do so in a case where the notice of appeal states that the information subject wishes the appeal to be in the form of a hearing.

(5) A hearing under paragraph (4) is subject to paragraphs 5(2) to 5(6) and 6 of Schedule 6 (except paragraph 5(3)(c)) as if it were a hearing under paragraph 5(1) of that Schedule, save that “the appellant” is to be read as “the information subject”.