OpenLegislation

Article 5 Decisions concerning the substance of requests for internal review

United Kingdom

Original text. Later amendments are not shown.

1.

Any decision whereby it is determined that the administrative act whose review is sought, or the alleged administrative omission, is in breach of environmental law shall be taken by the Commission.

2.

In accordance with Article 13 of the Rules of Procedure, the Member of the Commission responsible for the application of the provisions on the basis of which the administrative act concerned was adopted or to which the alleged administrative omission relates shall be empowered to decide that the administrative act whose review is sought, or the alleged administrative omission, is not in breach of environmental law.

Sub-delegation of powers conferred under the first subparagraph shall be prohibited.

3.

The non-governmental organisation author of the request shall be informed of the outcome of the review in writing, if appropriate by electronic means, stating the reasons.