Explanatory note

These Regulations make provision with respect to the making of appeals to magistrates' courts under section 58, 60, 61 or 66 of the Control of Pollution Act 1974 and to the Secretary of State under section 64, 65 or 67 of that Act. Part II sets out grounds on which appeals may be made to magistrates' courts, prescribes the procedure to be followed in certain cases in which the appellant claims that a notice should have been served on some other person, and the action which the court may take to give effect to its decision on an appeal. Part III prescribes the procedure to be followed in appeals to the Secretary of State and confers powers on the Secretary of State to give effect to his decision on any appeal. Part IV prescribes the cases in which a notice under section 58, 60 or 66 is to be suspended pending the abandonment of, or a decision by a magistrates' court on, an appeal, and provides that notices under other provisions of Part III of the Act will not be suspended pending an appeal, whether to the court or to the Secretary of State.