# The Industrial Pollution Control (Northern Ireland) Order 1997, Paragraph 2

Extent: N.I.

(1) This paragraph applies where, in accordance with paragraph (3)(c) of Article 15, the Department refers an appeal or any matter involved in an appeal under that Article to the Commission.
(2) The Commission shall consider the appeal or matter and report to the Department thereon.
(3) For the purpose of considering an appeal or matter under sub-paragraph (2), the Commission shall hold a hearing—
(a) if the Department, in referring the appeal or matter to the Commission, so requests;
(b) if either party to the appeal so requests; or
(c) if the Commission otherwise thinks fit;
and in any other case the Commission shall consider the appeal or matter solely by reference to written representations.
(4) Where the Commission holds such a hearing, it shall afford to each party to the appeal an opportunity of appearing before and being heard by the Commission.
(5) Subsections (2), (3) and (5) of section 204 of the Planning Act (Northern Ireland) 2011 shall apply in relation to the consideration of an appeal or matter under sub-paragraph (2) as they apply in relation to an inquiry or hearing under that Act .

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Source: https://www.legislation.gov.uk/nisi/1997/2777/schedule/2/paragraph/2 (the official version)
Page: https://openlegislation.uk/industrial-pollution-control-northern-ireland-order-1997/schedule-2/paragraph-2
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.