Regulation 10 Action upon receipt of notice of appeal

(1)

Subject to paragraph (5) below, the Agency shall, within 14 days of receipt of the copy of the notice of appeal in accordance with regulation 8(4)—

(a)

in the case of an appeal against a decision—

(i)

to revoke a discharge consent; or

(ii)

to modify the conditions of any such consent, or to provide that any such consent which was unconditional shall be subject to conditions, unless in either case the decision was made in response to an application for a variation,

give notice of the appeal to any person who appears to the Agency likely to have a particular interest in its subject matter; and

(b)

in any other case give notice of the appeal—

(i)

to any person who made representations or objections to the Agency with respect to the grant or variation of the consent; and

(ii)

to any person who was required to be consulted in relation to the grant or variation of the consent under paragraph 2(1) or 6(4) of Schedule 10 to the Water Resources Act 1991 pursuant to regulation 5(1) or paragraph 3(1) of Schedule 1 to these Regulations.

(2)

A notice under paragraph (1) above shall—

(a)

inform the person on whom it is served that an appeal to the Secretary of State has been made; and

(b)

state—

(i)

that any representations made to the Secretary of State in writing by the recipient of the notice will be considered by the Secretary of State if they are made within the period of 21 days beginning with the date of receipt of the notice;

(ii)

that copies of the representations will be sent to the appellant and the Agency;

(iii)

that copies of the representations will be placed on registers maintained under section 190 of the Water Resources Act 1991 (pollution control registers);

(iv)

that any person who makes any such representations will be informed about the hearing of the appeal if there is to be a hearing held wholly or partly in public,

and shall be accompanied by a copy of the notice of appeal.

(3)

The Agency shall, within 14 days of sending a notice under paragraph (1) above, notify the Secretary of State of the name and address of every person who was sent such a notice in relation to the appeal and the date on which it was sent.

(4)

Where an appeal is withdrawn after a notice under paragraph (1) above has been sent, the Agency shall inform every person who was sent such a notice in relation to the appeal.

(5)

This regulation shall not apply in relation to an appeal under section 91(1)(h)^f1 or 191B(5) of the Water Resources Act 1991 (appeals against enforcement notices and appeals against determinations that information is not commercially confidential).

Annotations

Footnotes

f1: Inserted by paragraph 143(1)(b) of Schedule 22 to the Environment Act 1995.