Section 43 Appeals to the Secretary of State.C1C2
England and Wales
Where an application has been made to the F1appropriate agency for a licence under this Chapter, the applicant may by notice appeal to the Secretary of State if—
the applicant is dissatisfied with the decision of the appropriate agency on the application; or
the appropriate agency fails within the period specified in subsection (2) below to give to the applicant either—
notice of the appropriate agency's decision on the application; or
notice that the application has been referred to the Secretary of State in accordance with any direction under section 41 above.
This section is subject to section 114 of the 1995 Act (delegation or reference of appeals etc).
The period mentioned in subsection (1)(b) above is—
except in a case falling within paragraph (b) below, such period as may be prescribed; and
where an extended period is at any time agreed in writing between the applicant and the appropriate agency, the extended period.
A notice of appeal under this section shall be served—
in such manner as may be prescribed; and
within such period as may be prescribed, being a period of not less than twenty-eight days from, as the case may be—
the date on which the decision to which it relates was notified to the applicant; or
the end of the period which, by virtue of subsection (2) above, is applicable for the purposes of subsection (1)(b) above.
Where a notice is served under this section in respect of any application, the applicant shall, within the period prescribed for the purposes of subsection (3)(b) above, serve a copy of the notice on the appropriate agency.
Where any representations in writing with respect to an application were made within the period specified F3in any such notice as is referred to in section 37(4)(b) above, the Secretary of State shall, before determining an appeal under this section in respect of the application, require the appropriate agency to serve a copy of the notice of appeal on each of the persons who made those representations.
Annotations
Textual amendments
- F1
Words in ss. 33A-45 substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 270(g) (with Sch. 7)
- F2
S. 43(1A) inserted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 134 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3
- F3
Words in s. 43(5) substituted (1.4.2006) by Water Act 2003 (c. 37), ss. 14(3)(c), 105(3); S.I. 2006/984, art. 2(i) (with Sch. paras. 1, 2)
Modifications
- C1
S. 43: power to delegate functions conferred (1.4.1996) by 1995 c. 25, s. 114(2)(v) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3
- C2
S. 43 restricted (1.3.2012) by The Water Resources (Environmental Impact Assessment) (England and Wales) Regulations 2003 (S.I. 2003/164), regs. 1(1), 8(4)
- C3
S. 43(1)(a) modified (1.4.2005) by The Water Act 2003 (Commencement No. 4, Transitional Provisions and Savings) Order 2005 (S.I. 2005/968), art. 4(1)(3), Sch. 1 para. 5(5)
Notes on Part II
Modifications
- C1
Pt. II: transfer of functions to the Environment Agency (1.4.1996) by 1995 c. 25, s. 2(1)(a)(i) (with ss. 115, 117); S.I. 1996/186, art. 3
Notes on Chapter II
Modifications
- C1
Chapter II of Part II excluded (1.4.1996) by 1995 c. 25, s. 6(3) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3
- C2
Chapter II of Part II modified (18.12.1996) by 1996 c. 61, s. 52, Sch. 15 Pt. III para. 11
- C3
Pt. II Ch. II modified (22.3.2005) by Midland Metro (Wednesbury to Brierley Hill and Miscellaneous Amendments) Order 2005 (S.I. 2005/927), Sch. 11 para. 11 (with art. 51)
- C4
Pt. II Ch. II modified (26.8.2005) by River Tyne (Tunnels) Order 2005 (S.I. 2005/2222), art. 1, Sch. 10 para. 14 (with arts. 45(1), 48, Sch. 10 paras. 21, 29)
- C5
Pt. II Ch. II modified (19.3.2007) by Ouseburn Barrage Order 2007 (S.I. 2007/608), art. 1, Sch. 6 para. 18 (with arts. 46-48, Sch. 6 paras. 17(5), 23)
- C6
Pt. II Ch. II modified (22.7.2008) by Crossrail Act 2008 (c. 18), Sch. 17 para. 11
- C7
Pt. II Ch. II modified (9.6.2009) by Nottingham Express Transit System Order 2009 (S.I. 2009/1300), arts. 1, 71(12) (with Sch. 13 para. 14(2), Sch. 14 para. 19, Sch. 16)
- C8
Pt. II Ch. II modified (20.7.2010) by The Network Rail (Nuneaton North Chord) Order 2010 (S.I. 2010/1721), art. 1, Sch. 11 para. 12
- C9
Pt. II Ch. II modified (27.8.2010) by The Llangollen and Corwen Railway Order 2010 (S.I. 2010/2136), art. 1(1), Sch. 4 para. 12
- C10
Pt. II Ch. II modified (1.9.2010) by The Port of Bristol (Deep Sea Container Terminal) Harbour Revision Order 2010 (S.I. 2010/2020), art. 1(2), Sch. 6 para. 11(1) (with arts. 18, 19)
- C11
Pt. II Ch. II modified (1.2.2011) by The River Mersey (Mersey Gateway Bridge) Order 2011 (S.I. 2011/41), art. 1, Sch. 10 para. 41(1) (with art. 51, Sch. 10 paras. 6885)