Regulation 8 Procedure for urgently suspending or temporarily varying a permit

(1)

If the Secretary of State considers that the need to suspend a permit is too urgent to follow the procedure in regulation 7 (ordinary procedure for varying, suspending or withdrawing a permit without the permit holder’s consent)—

(a)

that regulation does not apply, and

(b)

paragraphs (2) and (3) apply instead.

(2)

The Secretary of State must—

(a)

in, or in a document issued together with, the notice by which the suspension takes effect—

(i)

explain the Secretary of State’s reasons for suspending the permit, and

(ii)

specify the time by which, and manner in which, representations may be made, and

(b)

as soon as reasonably practicable after suspending the permit—

(i)

consider any representations made by the permit holder and the consenting authority in response to (and in accordance with) that notice, and

(ii)

decide whether to lift the suspension.

(3)

If, having complied with paragraph (2), the Secretary of State decides not to lift the suspension, the Secretary of State must, as soon as reasonably practicable, issue to the permit holder a notice that—

(a)

states the Secretary of State’s decision, and

(b)

explains the Secretary of State’s reasons for the decision.

(4)

The preceding paragraphs apply in relation to temporary variation as they apply in relation to suspension, and for that purpose the references to lifting the suspension are to be read as references to reversing the variation.

(5)

In this regulation, a reference to the permit holder in relation to a suspended permit is a reference to the person who was the permit holder immediately before the suspension took effect.