Regulation 38 Appeal
United Kingdom
Where the Agency refuses an application under regulation 36, the occupier may by notice appeal against the refusal to an independent panel appointed by the Secretary of State for the purpose of these Regulations.
An appeal under this regulation must be submitted before the end of 30 days beginning with the day after the date of the refusal.
An appeal under this regulation must be made in the form and manner published by the Secretary of State.
The panel appointed under this regulation must consist of an odd number of persons (and must consist of at least 3 persons).
A decision of the panel is to be made by simple majority.
The panel must base its decision on—
documents submitted to it by the appellant,
documents submitted to it by the Agency, and
such additional information from the appellant or the Agency as it considers necessary.
For the purposes of paragraph (6)(c), the panel may—
request the appellant or the Agency to provide the additional information, or
in exceptional circumstances, convene an oral hearing at which the appellant and the Agency may appear.
If the panel allows an appeal under this regulation, the Agency must designate the holding concerned as a derogated holding for the calendar year for which the application was made.
Having determined an appeal under this regulation, the panel must—
as soon as reasonably practicable, notify in writing the Agency, the appellant and the Secretary of State of its determination, and
where it refuses the appeal, give the reasons for its refusal.
Each party to an appeal under this regulation must bear its own costs.