Regulation 6 Appeal

United Kingdom

(1)

An owner or occupier of a relevant holding who is sent a notice under regulation 5(3)(b) F1or 5(3A)(b) may appeal to the First-tier Tribunal^f1 against the proposals F2or designation referred to in the notice.

(2)

For the purposes of rule 22(2)(g) of the Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009^f2 (notice of appeal: grounds), the only grounds of an appeal under this regulation are that the relevant holding (or any part of it)—

(a)

does not drain into water which the Secretary of State proposes to identify, or to continue to identify, as polluted or which has been similarly identified in Wales or Scotland, F3...

F4(aa)

in a case within regulation 5(3A), does not drain into water which the Secretary of State has identified as polluted or which has been similarly identified in Wales or Scotland, or

(b)

drains into water which the Secretary of State should not identify, or should not continue to identify, as polluted.

(3)

If the First-tier Tribunal upholds an appeal under paragraph (2)(a), the Secretary of State, when acting under regulation 4(5), must treat the relevant holding (or the part of it in respect of which the appeal was upheld) as not draining into the water concerned.

(4)

If the First-tier Tribunal upholds an appeal under paragraph (2)(b), the Secretary of State, when acting under regulation 4(5), must—

(a)

treat the water concerned as water which should not be identified, or should not continue to be identified, as polluted, and

(b)

treat any holding (or part of any holding) which drains into that water accordingly (regardless of whether the owner or occupier of the relevant holding appealed under this regulation).

Annotations

Textual amendments

F1: Words in reg. 6(1) inserted (31.12.2016) by The Nitrate Pollution Prevention (Amendment) (No. 2) Regulations 2016 (S.I. 2016/1254), regs. 1(1), 2(2)(a)(i)
F2: Words in reg. 6(1) inserted (31.12.2016) by The Nitrate Pollution Prevention (Amendment) (No. 2) Regulations 2016 (S.I. 2016/1254), regs. 1(1), 2(2)(a)(ii)
F3: Word in reg. 6(2)(a) omitted (31.12.2016) by virtue of The Nitrate Pollution Prevention (Amendment) (No. 2) Regulations 2016 (S.I. 2016/1254), regs. 1(1), 2(2)(b)(i)
F4: Reg. 6(2)(aa) inserted (31.12.2016) by The Nitrate Pollution Prevention (Amendment) (No. 2) Regulations 2016 (S.I. 2016/1254), regs. 1(1), 2(2)(b)(ii)

Footnotes

f1: The First-tier Tribunal was established by section 3(1) of the Tribunals, Courts and Enforcement Act 2007 (c. 15). By virtue of article 3 of the First-tier Tribunal and Upper Tribunal (Chambers) Order 2010 (S.I. 2010/2655), the General Regulatory Chamber of the First-tier Tribunal is allocated all functions related to proceedings in respect of the decisions and actions of regulatory bodies which are not allocated to the Health, Education and Social Care Chamber or to the Tax Chamber by other provisions of that Order.
f2: S.I. 2009/1976.