The Countryside Access (Means of Access, Appeals etc.) (Wales) Regulations 2005

Amendment of the Appeals Procedures Regulations

8.  In regulation 5 of the Appeals Procedures Regulations (Notifying the parties of the appeal procedure)—

(a) delete paragraphs (2) and (3) and substitute—

“(2) Notice under paragraph (1)—

(a) must not be given before the expiry of 35 days from the date on which the National Assembly sent a copy of the completed appeal form to the respondent in accordance with regulation 3; or

(b) in the case of an appeal under section 6 of the Act, must not be given before the expiry of three months from the date of issue of the provisional map to which the appeal relates (if the expiry of this period is later than that specified in sub-paragraph (a); or

(c) in the case of an appeal under section 38(1) of the Act, must be given as soon as practicable after the National Assembly receives from the respondent the documents and information the respondent is required to provide to it under regulation 4.

(3) The notice given under paragraph (1) must be dated and must state—

(a) in all cases, whether the appeal is to take the form of—

(i) a local inquiry,

(ii) a hearing, or

(iii) neither (a) nor (b) and will therefore be determined on the basis of written representations; and

(b) in the case of an appeal under section 38(1) of the Act—

(i) whether the appeal relates to a notice given under section 36(3) or, as the case may be, 37(1) of the Act, and

(ii) a description of the works specified in that notice.”.