Regulation 33 Determination of appeal against amendment or removal of a register entryI1

England and Wales

(1)

This regulation applies to an appeal under regulation 30 against a decision of the register operator to—

(a)

amend an entry in the biodiversity gain site register under regulation 20 (amendment of an entry without application), or

(b)

remove an entry from the biodiversity gain site register under regulation 26 (removal of an entry without application).

(2)

Where, on an appeal to which this regulation applies, the First-tier Tribunal is satisfied that any of the grounds in paragraph (4) applies, it must—

(a)

quash the register operator’s decision, and

(b)

direct the register operator to reverse the amendment in the biodiversity gain site register or reinstate the removed entry (as the case may be).

(3)

Where, on an appeal to which this regulation applies, the First-tier Tribunal is not satisfied that any of the grounds in paragraph (4) applies, it must confirm the register operator’s decision.

(4)

The grounds referred to in paragraph (2) and (3) are—

(a)

that the decision appealed against was based, wholly or partly, on an error of fact;

(b)

that the decision was wrong in law;

(c)

that the decision was unfair or unreasonable for any other reason.

Annotations

Commencement

I1: Reg. 33 in force at 12.2.2024, see reg. 1(2)