Regulation 13 Consents register

(1)

The Agency shall keep a register which shall contain—

(a)

a copy of every application for protection zone consent under these Regulations made to the Agency and not determined;

(b)

a copy of every application for protection zone consent validly claimed under article 6 of the River Dee Catchment Order;

(c)

in respect of every application for protection zone consent which has been determined under these Regulations made to the Agency—

(i)

a copy of the application;

(ii)

particulars of any direction given under regulation 8;

(iii)

the decision (if any) of the Agency, including details of any conditions subject to which consent was granted and the date of the decision;

(iv)

the reference number, date and effect of any decision of the Secretary of State, whether on a reference under regulation 8 or on an appeal under regulation 12;

(d)

a copy of every notice revoking or modifying protection zone consent made by the Agency.

(2)

Where information of any description is excluded from any register by virtue of section 191B^f1 of the Act, a statement shall be entered in the register indicating the existence of information of that description.

(3)

If so directed by the Secretary of State, the Agency shall remove from the register any information which is not prescribed for inclusion under paragraph (1) above or which by virtue of section 191A^f2 or 191B of the Act ought to have been excluded from the register.

(4)

The register shall include an index to enable any person to trace an entry in the register.

(5)

Every entry in the register shall be made within 28 days of the relevant information being available to the Agency.

(6)

The register shall be kept at an office of the Agency within the protection zone.

(7)

It shall be the duty of the Agency—

(a)

to secure that the contents of the register are available, at all reasonable times, for inspection by the public free of charge; and

(b)

to afford members of the public reasonable facilities for obtaining from the Agency, on payment of reasonable charges, copies of entries in the register.

(8)

For the purpose of paragraph (1)(a), an application shall not be treated as finally determined unless—

(a)

it has been decided by the Agency (or the period specified in regulation 7(6) has expired without it giving a decision) and the period specified in regulation 12(3) has expired without any appeal having been made to the Secretary of State; or

(b)

it has been referred to the Secretary of State under regulation 8 or an appeal has been made to the Secretary of State under regulation 12 and the Secretary of State has issued his decision; or

(c)

it has been withdrawn by the applicant before being determined or an appeal has been withdrawn by the appellant before the Secretary of State has issued his decision.

(9)

The register to be kept pursuant to this regulation may be kept in any form.

Annotations

Footnotes

f1: Section 191B was inserted by paragraph 170 of Schedule 22 to the Environment Act 1995.
f2: Section 191A was inserted by paragraph 170 of Schedule 22 to the Environment Act 1995.