Regulation 11 Modification of a remediation notice

England and Wales

(1)

Before modifying a remediation notice under subsection (2)(b) of section 78L (appeals against remediation notices) in any respect which would be less favourable to the appellant or any other person on whom the notice was served, the Secretary of State must—

(a)

notify the appellant and any persons on whom the appellant was required to serve a copy of the notice of appeal of the proposed modification;

(b)

permit any persons so notified to make representations in relation to the proposed modification; and

(c)

permit the appellant or any other person on whom the remediation notice was served to be heard if any such person so requests.

(2)

Where, in accordance with paragraph (1), the appellant or any other person is heard, the enforcing authority is also entitled to be heard.

F1(3)

this regulation applies only in relation to appeals made in accordance with regulation 8(1) prior to 6 April 2012.

Annotations

Textual amendments

F1: Reg. 11(3) inserted (6.4.2012) by The Contaminated Land (England) (Amendment) Regulations 2012 (S.I. 2012/263), regs. 1, 2(3)