(1)Where the chief inspector—
(a)refuses an application for registration under section 7 or 10, or refuses an application for an authorisation under section 13 or 14,
[F3(aa)refuses an application under section 16A or 17 for the transfer (in whole or in part) or variation of such an authorisation,]
(b)attaches any limitations or conditions to such a registration or to such an authorisation, or
(c)varies such a registration or such an authorisation, otherwise than by revoking a limitation or condition subject to which it has effect, or
(d)cancels such a registration or revokes such an authorisation,
the person directly concerned may, subject to subsection (3), appeal to the Secretary of State.
(2)A person on whom a notice under section 21 or 22 is served may, subject to subsections (3) and (4), appeal against the notice to the Secretary of State.
(3)No appeal shall lie—
(a)under subsection (1) in relation to authorisations which are subject to section 16(3);
(b)under subsection (1) or (2) in respect of any decision taken by the chief inspector in pursuance of a direction of the Secretary of State under section 23 or 24.
(4)No appeal shall lie under subsection (2) in respect of any notice served in England, Wales or Northern Ireland by the appropriate Minister in exercise of the power under section 21 or 22.
(5)In this section “the person directly concerned” means—
(a)in relation to a registration under section 7 or 10, the person applying for the registration or to whom the registration relates;
(b)in relation to an authorisation under section 13 or 14, the person applying for the authorisation or to whom it was granted;
[F4(c)in relation to an application under section 16A for the transfer of an authorisation, either or both of the persons making the application;
(d)in relation to an application for a variation under section 17, the person applying for the variation.]
and any reference to attaching limitations or conditions to a registration or authorisation is a reference to attaching limitations or conditions to it either in effecting or granting it or in exercising any power to vary it.
(6)In the application of this section to Northern Ireland, references to the Secretary of State shall have effect as references to the Department of the Environment for Northern Ireland.]
Textual Amendments
F1Ss. 26-28 repealed (S.) (1.9.2018) by The Environmental Authorisations (Scotland) Regulations 2018 (S.S.I. 2018/219), reg. 1, sch. 7 para. 1 (with reg. 78, sch. 5 paras. 3, 4, 6 and with transitional provisions and savings (25.11.2021) by The Environmental Authorisations (Scotland) Regulations 2018 (Transitional and Savings Provisions) Order 2021 (S.I. 2021/1309), arts. 1(1), 3-5)
F2S. 26 repealed (E.W.) (6.4.2010) by The Environmental Permitting (England and Wales) Regulations 2010 (S.I. 2010/675), reg. 1(1)(b), Sch. 26 para. 11(2)(z), Sch. 28 (with reg. 1(2), Sch. 4)
F3S. 26(1)(aa) inserted (27.7.2004) by Energy Act 2004 (c. 20), s. 198(2), Sch. 15 para. 10(1); S.I. 2004/1973, art. 2, Sch.
F4S. 26(5)(c)(d) inserted (27.7.2004) by Energy Act 2004 (c. 20), s. 198(2), Sch. 15 para. 10(2); S.I. 2004/1973, art. 2, Sch.
(1)The Secretary of State may refer any matter involved in an appeal under section 26 to a person appointed by him for the purpose.
(2)An appeal under section 26 shall, if and to the extent required by regulations under subsection (7) of this section, be advertised in such manner as may be prescribed.
(3)If either party to the appeal so requests, an appeal shall be in the form of a hearing (which may, if the person hearing the appeal so decides, be held, or held to any extent, in private).
(4)On determining an appeal from a decision of the chief inspector under section 26 the Secretary of State—
(a)may affirm the decision,
(b)where that decision was the refusal of an application, may direct the chief inspector to grant the application,
(c)where that decision involved limitations or conditions attached to a registration or authorisation, may quash those limitations or conditions wholly or in part, or
(d)where that decision was a cancellation or revocation of a registration or authorisation, may quash the decision,
and where the Secretary of State does any of the things mentioned in paragraph (b), (c) or (d) he may give directions to the chief inspector as to the limitations and conditions to be attached to the registration or authorisation in question.
(5)On the determination of an appeal in respect of a notice under section 26(2), the Secretary of State may either cancel or affirm the notice and, if he affirms it, may do so either in its original form or with such modifications as he may think fit.
(6)The bringing of an appeal against a cancellation or revocation of a registration or authorisation shall, unless the Secretary of State otherwise directs, have the effect of suspending the operation of the cancellation or revocation pending the determination of the appeal; but otherwise the bringing of an appeal shall not, unless the Secretary of State so directs, affect the validity of the decision or notice in question during that period.
(7)The Secretary of State may by regulations make provision with respect to appeals under section 26 (including in particular provision as to the period within which appeals are to be brought).
(8)In the application of this section to Northern Ireland, references to the Secretary of State shall have effect as references to the Department of the Environment for Northern Ireland.]
Textual Amendments
F1Ss. 26-28 repealed (S.) (1.9.2018) by The Environmental Authorisations (Scotland) Regulations 2018 (S.S.I. 2018/219), reg. 1, sch. 7 para. 1 (with reg. 78, sch. 5 paras. 3, 4, 6 and with transitional provisions and savings (25.11.2021) by The Environmental Authorisations (Scotland) Regulations 2018 (Transitional and Savings Provisions) Order 2021 (S.I. 2021/1309), arts. 1(1), 3-5)
F5S. 27 repealed (E.W.) (6.4.2010) by The Environmental Permitting (England and Wales) Regulations 2010 (S.I. 2010/675), reg. 1(1)(b), Sch. 26 para. 11(2)(aa), Sch. 28 (with reg. 1(2), Sch. 4)
(1)Before the chief inspector and the appropriate Minister—
(a)refuse an application for an authorisation under section 13, or
(b)attach any limitations or conditions to such an authorisation, or
(c)vary such an authorisation, otherwise than by revoking a limitation or condition subject to which it has effect, or
(d)revoke such an authorisation,
the person directly concerned shall, and such local authorities or other persons whom the Secretary of State and that Minister consider appropriate may, be afforded the opportunity of appearing before, and being heard by, a person appointed for the purpose by the Secretary of State and that Minister.
(2)In subsection (1)—
(a) “ the person directly concerned ”, in relation to an authorisation under section 13, means the person applying for the authorisation or the person to whom the authorisation was granted, as the case may be, and
(b)any reference to attaching limitations or conditions to such an authorisation is a reference to attaching limitations or conditions to it either in granting the authorisation or in the exercise of any power to vary it.
(3)The appropriate Minister shall afford to any person—
(a)on whom he has served a notice under section 21 or 22, and
(b)who requests a hearing within the prescribed period,
an opportunity to appear before and be heard by a person appointed by him for the purpose.
(4)In the application of this section to Northern Ireland, references to the Secretary of State shall have effect as references to the Department of the Environment for Northern Ireland.]
Textual Amendments
F6S. 28 repealed (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1)(3), Sch. 22 para. 216, Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3