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The Motor Fuel (Composition and Content) Regulations 1999

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Appeals

16.  (1)  Where—

(a)an application for a leaded petrol permit is rejected,

(b)an application for a leaded petrol permit in respect of unallocated leaded petrol is rejected,

(c)a leaded petrol permit is granted subject to conditions,

(d)an application for the variation of a leaded petrol permit is rejected, or

(e)a revocation notice is given by the Secretary of State in accordance with regulation 12(2),

the applicant or, as the case may be, the permit holder may appeal against the decision to the Secretary of State.

(2) An appeal under paragraph (1) shall be made by notice in writing accompanied by a statement of the grounds of the appeal.

(3) A notice of appeal shall be given—

(a)in the case of an appeal under sub-paragraph (1)(a), (c) or (e) before the expiry of the period of fourteen days beginning with the date on which the decision which is the subject of the appeal is notified to the appellant, and

(b)in the case of any other appeal under paragraph (1), before the expiry of the period of twenty-eight days beginning with the date on which the decision which is the subject of the appeal is notified to the appellant.

(4) The Secretary of State, if satisfied that there are special reasons for doing so, may at any time allow notice of an appeal to be given after the expiry of the periods mentioned in paragraph (3).

(5) The Secretary of State shall not be required to determine an appeal under sub-paragraph (1)(a) or (b) in respect of an application for a particular calendar year if on the date he receives the notice of appeal—

(a)one or more permits have been issued in respect of that calendar year, and

(b)those permits authorise the distribution and sale of all of the annual leaded petrol allocation for that calendar year.

(6) Where an appeal under paragraph (1)(a) or (b) is successful in whole or in part, the Secretary of State may give effect to the appeal decision by issuing one or more leaded petrol permits in accordance with the provisions of regulation 10(3)(a).

(7) Where an appeal under paragraph (1)(c) or (d) is successful in whole or in part, the Secretary of State may give effect to the appeal decision by issuing a variation notice in accordance with regulation 11(4).

(8) Where an appeal under paragraph (1)(e) is successful in whole or in part, the Secretary of State shall give effect to the appeal decision by reinstating the appellant as the holder of any permit in respect of which the appeal succeeded.

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