Regulation 12 Hearings

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

reg. 12(1) words omitted by Environmental Permitting 2010 Sch. 26 Pt. 2 para. 12(8)(a)(i)
reg. 12(1) words omitted by Environmental Permitting 2010 Sch. 26 Pt. 2 para. 12(8)(a)(ii)
reg. 12(2) omitted by Environmental Permitting 2010 Sch. 26 Pt. 2 para. 12(8)(b)
reg. 12(3) words substituted by Environmental Permitting 2010 Sch. 26 Pt. 2 para. 12(8)(c)
reg. 12(5) omitted by Environmental Permitting 2010 Sch. 26 Pt. 2 para. 12(8)(b)
reg. 12(6)(a)(b) substituted for reg. 12(6)(a)-(c) by Environmental Permitting 2010 Sch. 26 Pt. 2 para. 12(8)(d)
reg. 12(1) words substituted by Natural Resources Body for Wales (Functions) 2013 Sch. 4 para. 59(2)
reg. 12(6)(a) word omitted by Natural Resources Body for Wales (Functions) 2013 Sch. 4 para. 59(2)
reg. 12(6)(aa) inserted by Natural Resources Body for Wales (Functions) 2013 Sch. 4 para. 59(3)
reg. 12(6)(b) words inserted by Natural Resources Body for Wales (Functions) 2013 Sch. 4 para. 59(4)

(1)

The Secretary of State shall give the appellant and the Agency at least 28 days notice (unless they agree to a shorter period of notice) of the date, time and place fixed for a hearing in relation to an appeal under section 91 or 191B(5) of the Water Resources Act 1991 (appeals in respect of consents under Chapter II of Part III and appeals in relation to information which the Agency has determined is not commercially confidential).

(2)

Subject to paragraph (4) and (5) below, in the case of a hearing which is to be held wholly or partly in public, the Secretary of State shall, at least 21 days before the date fixed for the hearing—

(a)

publish a copy of the notice given under paragraph (1) above in a newspaper circulating in the locality which he considers may be affected by any matter which falls to be determined in relation to the appeal; and

(b)

serve a copy of the notice given under paragraph (1) above on every person who has made representations or objections in writing to the Secretary of State under regulation 10 in relation to the appeal.

(3)

The Secretary of State may vary the date fixed for the hearing and paragraphs (1) and (2) above shall apply, with necessary modifications, to the variation of the date.

(4)

The Secretary of State may also vary the time or place for the holding of a hearing but shall give such notice of any such variation as appears to him to be reasonable.

(5)

Paragraph (2) above shall not apply in the case of a hearing in relation to an appeal under section 191B(5) of the Water Resources Act 1991 (appeals in relation to information which the Agency has determined is not commercially confidential).

(6)

The persons entitled to be heard at a hearing are—

(a)

the appellant;

(b)

the Agency; and

(c)

any person required under regulation 10(1)(b)(ii) to be notified of the appeal.

(7)

Nothing in paragraph (6) above shall prevent the person appointed to conduct the hearing of the appeal from permitting any other person to be heard at the hearing and such permission shall not be unreasonably withheld.

(8)

After the conclusion of a hearing, the person appointed to conduct the hearing shall, unless he was appointed under section 114(1)(a) of the Environment Act 1995 (power of Secretary of State to delegate his functions of determining appeals), make a report in writing to the Secretary of State which shall include his conclusions and his recommendations or his reasons for not making any recommendations.