Section 78L Appeals against remediation notices.F2F1C1E1
England and Wales
A person on whom a remediation notice is served may, within the period of twenty-one days beginning with the day on which the notice is served, appeal against the notice—
if it was served by a local authority in England F4or by the Environment Agency , to the Secretary of State;
if it was served by a local authority in Wales F5or by the Natural Resources Body for Wales , to the National Assembly for Wales;
and in the following provisions of this section “the appellate authority” means F6the Secretary of State or the National Assembly for Wales, as the case may be.
On any appeal under subsection (1) above the appellate authority—
shall quash the notice, if it is satisfied that there is a material defect in the notice; but
subject to that, may confirm the remediation notice, with or without modification, or quash it.
Where an appellate authority confirms a remediation notice, with or without modification, it may extend the period specified in the notice for doing what the notice requires to be done.
Regulations under subsection (4) above may (among other things)—
include provisions comparable to those in section 290 of the M1Public Health Act 1936 (appeals against notices requiring the execution of works);
prescribe the cases in which a remediation notice is, or is not, to be suspended until the appeal is decided, or until some other stage in the proceedings;
prescribe the cases in which the decision on an appeal may in some respects be less favourable to the appellant than the remediation notice against which he is appealing;
prescribe the cases in which the appellant may claim that a remediation notice should have been served on some other person and prescribe the procedure to be followed in those cases;
make provision as respects—
the particulars to be included in the notice of appeal;
the persons on whom notice of appeal is to be served and the particulars, if any, which are to accompany the notice; and
the abandonment of an appeal;
make different provision for different cases or classes of case.
Annotations
Textual amendments
- F1
Pt. IIA (ss. 78A-78YC) inserted (in force at 21.9.1995 for certain purposes only, at 1.4.2000 for E. in so far as not already in force, at 14.7.2000 for S. for certain purposes and otherwise 14.7.2000) by 1995 c. 25, s. 57 (with ss. 7(6), 115, 117); S.I. 1995/1983, art. 3; S.I. 2000/340, art. 2(a); S.S.I. 2000/180, art. 2(1)(a)(2); S.I. 2000/1986, art. 2
- F2
Pt. 2A (ss. 78A-78YC) inserted (in force at 21.9.1995 for certain purposes only, at 1.4.2000 for E. in so far as not already in force, at 14.7.2000 for S. for certain purposes and otherwise 14.7.2000) by 1995 c. 25, s. 57, (with ss. 7(6), 115, 117); S.I. 1995/1983, art. 3; S.I. 2000/340, art. 2(a); S.S.I. 2000/180, art. 2(1)(a)(2); S.I. 2000/1986, art. 2
- F3
S. 78L(1)(a)(b) substituted (E.W.) (16.3.2006 for certain purposes for W. and 10.12.2006 otherwise for W. and 4.8.2006 for certain purposes in relation to E.) by Clean Neighbourhoods and Environment Act 2005 (c. 16), ss. 104(2), 108 (with s. 104(6)(7)); S.I. 2006/768, arts. 3, 4; S.I. 2006/1361, art. 2(1) (subject to art. 2(2)); S.I. 2006/2989
- F4
Words in s. 78L(1)(a) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 217(2) (with Sch. 7)
- F5
Words in s. 78L(1)(b) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 217(3) (with Sch. 7)
- F6
Words in s. 78L(1) substituted (E.W.) (16.3.2006 for certain purposes for W. and 10.12.2006 otherwise for W. and 4.8.2006 for certain purposes in relation to E.) by Clean Neighbourhoods and Environment Act 2005 (c. 16), ss. 104(3), 108 (with s. 104(6)(7)); S.I. 2006/768, arts. 3, 4; S.I. 2006/1361, art. 2(1) (subject to art. 2(2)); S.I. 2006/2989
- F7
S. 78L(4)(b) repealed (E.W.) (16.3.2006 for certain purposes for W. and 10.12.2006 otherwise for W. and 4.8.2006 for certain purposes in relation to E.) by Clean Neighbourhoods and Environment Act 2005 (c. 16), ss. 104(4)(a), 107, 108, Sch. 5 Pt. 10 (with s. 104(6)(7)); S.I. 2006/768, arts. 3, 4; S.I. 2006/1361, art. 2(1) (subject to art. 2(2)); S.I. 2006/2989
- F8
Words in s. 78L(4)(c) repealed (E.W.) (16.3.2006 for certain purposes for W. and 10.12.2006 otherwise for W. and 4.8.2006 for certain purposes in relation to E.) by Clean Neighbourhoods and Environment Act 2005 (c. 16), ss. 104(4)(b), 107, 108, Sch. 5 Pt. 10 (with s. 104(6)(7)); S.I. 2006/768, arts. 3, 4; S.I. 2006/1361, art. 2(1) (subject to art. 2(2)); S.I. 2006/2989
- F9
Words in s. 78L(6) repealed (E.W.) (16.3.2006 for certain purposes for W. and 10.12.2006 otherwise for W. and 4.8.2006 for certain purposes in relation to E.) by Clean Neighbourhoods and Environment Act 2005 (c. 16), ss. 104(5), 107, 108, Sch. 5 Pt. 10 (with s. 104(6)(7)); S.I. 2006/768, arts. 3, 4; S.I. 2006/1361, art. 2(1) (subject to art. 2(2)); S.I. 2006/2989
Marginal citations
- M1
- M2
Modifications
- C1
S. 78L: power to delegate certain functions conferred (1.4.1996) by 1995 c. 25, s.114 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3
Extent
- E1
This version of this provision extends to England and Wales only; a separate version has been created for Scotland only
Notes on Part IIA
Modifications
- C1
Pt. 2A (ss. 78A-78YC) modified (1.2.1996) by 1995 c. 25, s. 5(5)(e), (with ss. 115, 117); S.I. 1996/186, art.2.
Pt. 2A (ss. 78A-78YC) modified (1.4.1996) by 1995 c. 25, s. 33(5)(e), (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3.
- C2
Pt. 2A (ss. 78A-78YC) applied (with modifications) (E.) (20.1.2006) by The Radioactive Contaminated Land (Enabling Powers) (England) Regulations 2005 (S.I. 2005/3467), regs. 1(4), 2, 3, Schs. 1, 2 (as amended: (29.9.2010) by S.I. 2010/2147, regs. 1(2), 2(2); (18.4.2018) by S.I. 2018/429, regs. 1(2), 2(4); and (31.12.2020) by The Ionising Radiation (Environmental and Public Protection) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/24), regs. 1(1), 4; 2020 c. 1, Sch. 5 para. 1(1))
- C3
Pt. 2A (ss. 78A-78YC) applied (with modifications) (E.) (4.8.2006) in so far as not already applied by S.I. 2005/3467 by The Radioactive Contaminated Land (Modification of Enactments) (England) Regulations 2006 (S.I. 2006/1379), regs. 3-17, Sch. (as amended: (10.11.2007) by S.I. 2007/3245, reg. 3; (6.4.2008) by S.I. 2008/520, regs. 1, 2, 3; (23.8.2010 and 30.9.2010) by S.I. 2010/2147, regs. 1(2), 3, 4; (coming into force in accordance with art. 1(2)-(5) of the amending S.I.) by The Nuclear Installations (Liability for Damage) Order 2016 (S.I. 2016/562), art. 1(2), Sch. 2 para. 9 (with art. 40); (22.6.2018) by S.I. 2018/429, regs. 1(3), 3; (22.5.2019) by The Radiation (Emergency Preparedness and Public Information) Regulations 2019 (S.I. 2019/703), reg. 1(1), Sch. 10 para. 6 (with reg. 3); and (31.12.2020) by The Ionising Radiation (Environmental and Public Protection) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/24), regs. 1(1), 5; 2020 c. 1, Sch. 5 para. 1(1))
- C4
Pt. 2A (ss. 78A-78YC) applied (with modifications) (W.) (16.11.2006 for certain purposes and otherwise 10.12.2006) by The Radioactive Contaminated Land (Modification of Enactments) (Wales) Regulations 2006 (S.I. 2006/2988), regs. 1, 3-17, Sch. (as amended: (10.12.2007) by S.I. 2007/3250, reg. 3 (with reg. 2); (6.4.2008) by S.I. 2008/521, regs. 2(3), 3; (30.9.2010) by S.I. 2010/2146, regs. 1, 2, 3; (coming into force in accordance with art. 1(2)-(5) of the amending S.I.) by The Nuclear Installations (Liability for Damage) Order 2016 (S.I. 2016/562), art. 1(2), Sch. 2 para. 10 (with art. 40); (4.7.2018) by S.I. 2018/725, regs. 1(2), 3-5; (22.5.2019) by The Radiation (Emergency Preparedness and Public Information) Regulations 2019 (S.I. 2019/703), reg. 1(1), Sch. 10 para. 7 (with reg. 3); and (31.12.2020) by The Radioactive Contaminated Land (Modification of Enactments) (Wales) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/114), regs. 1, 2; 2020 c. 1, Sch. 5 para. 1(1))
- C5
Pt. 2A (ss. 78A-78YC) applied (with modifications) (S.) (1.4.2007 for certain purposes, 30.10.2007 otherwise) by The Radioactive Contaminated Land (Scotland) Regulations (S.S.I. 2007/179), regs. 1(1)(2), 2-15 (as amended: (10.12.2007) by S.I. 2007/3240, reg. 3 (with reg. 2); (26.6.2009) by S.S.I. 2009/202, regs. 1, 2; (30.9.2010) by S.I. 2010/2153, regs. 1, 2, 3; (coming into force in accordance with art. 1(2)-(5) of the amending S.I.) by The Nuclear Installations (Liability for Damage) Order 2016 (S.I. 2016/562), art. 1(2), Sch. 2 para. 11 (with art. 40); (22.5.2019) by The Radiation (Emergency Preparedness and Public Information) Regulations 2019 (S.I. 2019/703), reg. 1(1), Sch. 10 para. 8 (with reg. 3))