Regulation 40 Appeals

(1)

A person may appeal to the competent authority against any of the following–

(a)

refusal to grant an authorisation under regulation 8;

(b)

any condition to which an authorisation is subject;

(c)

any amendment made to an authorisation under regulation 9 or any decision not to grant an amendment under that regulation;

(d)

suspension or revocation of an authorisation under regulation 10 or 11;

(e)

service of an enforcement notice under regulation 39.

(2)

An appellant may within 21 days beginning with the date on which the relevant event occurs, serve the competent authority with a written notice that the appellant wishes to–

(a)

appear before and be heard by an independent person appointed by the competent authority; or

(b)

provide written representations to the competent authority.

(3)

Where an appellant gives notice under paragraph (2)(a)–

(a)

the competent authority must appoint an independent person to hear representations and specify a time limit within which representations to that person must be made;

(b)

if the appellant so requests, the hearing must be in public;

(c)

the person appointed must report to the competent authority; and

(d)

if the appellant so requests, the competent authority must provide a copy of the appointed person's report to the appellant.

(4)

Where an appellant provides written representations under paragraph (2)(b)–

(a)

the competent authority must appoint an independent person to consider the representations; and

(b)

the requirements in paragraph (3)(c) and (d) apply.

(5)

The competent authority must give the appellant written notice of its final decision and the reasons for it.