Regulation 40 Notification of decision—appeals determined by the Secretary of State

This regulation applies where a hearing has been held for the purposes of any appeal determined by the Secretary of State.

The Secretary of State shall notify her decision on an appeal, and her reasons for reaching it, in writing to—

Where a copy of the inspector’s report is not sent with the notification of the decision, the notification shall be accompanied by a statement of his conclusions and of any recommendations made by him; and if a person entitled to be notified of the decision has not received a copy of that report, he shall be supplied with a copy of it on written application to the Secretary of State.

In this regulation, “report” does not include any documents appended to the inspector’s report; but any person who has received a copy of the report may apply to the Secretary of State in writing for an opportunity to inspect any such documents and the Secretary of State shall afford him that opportunity.

A person applying to the Secretary of State under paragraph (3) or (4) shall ensure that his application is received by the Secretary of State within four weeks and six weeks, respectively, of the date of the decision of the Secretary of State.

The Secretary of State shall ensure that, as soon as practicable after any notification has been given under paragraph (2), a copy of the notification is made available for inspection on F1a relevant website for a period of three months.