The Pollution Prevention and Control (England and Wales) Regulations 2000

PART IV APPEALS

Appeals to the Secretary of State

27.—(1) Subject to paragraph (3), the following persons, namely—

(a) a person who has been refused the grant of a permit under regulation 10;

(b) a person who has been refused the variation of the conditions of a permit on an application under regulation 17(2);

(c) a person who is aggrieved by the conditions attached to his permit following an application under regulation 10 or by a variation notice following an application under regulation 17(2);

(d) a person whose application under regulation 18(1) for a regulator to effect the transfer of a permit has been refused or who is aggrieved by the conditions attached to his permit to take account of such a transfer;

(e) a person whose application under regulation 19(2) to surrender a permit has been refused, or who is aggrieved by the conditions attached to his permit to take account of the surrender,

may appeal against the decision of the regulator to the Secretary of State.

(2) Subject to paragraph (3), a person on whom a variation notice is served, other than following an application under regulation 17(2), or on whom a revocation notice, an enforcement notice or a suspension notice is served may appeal against the notice to the Secretary of State.

(3) Paragraphs (1) and (2) shall not apply where the decision or notice, as the case may be, implements a direction of the Secretary of State given under regulations 12(15) or 36 or paragraph (4) of this regulation or paragraph 14(6) of Schedule 4 or 6(6) of Schedule 7.

(4) On determining an appeal against a decision of a regulator under paragraph (1) the Secretary of State may—

(a) affirm the decision;

(b) where the decision was a refusal to grant a permit or to vary the conditions of a permit, direct the regulator to grant the permit or to vary the conditions of the permit, as the case may be;

(c) where the decision was as to the conditions attached to a permit, quash all or any of the conditions of the permit;

(d) where the decision was a refusal to effect the transfer or accept the surrender of a permit, direct the regulator to effect the transfer or accept the surrender, as the case may be,

and where he exercises any of the powers in paragraph (b) or (c) he may give directions as to the conditions to be attached to the permit.

(5) On the determination of an appeal under paragraph (2) the Secretary of State may either quash or affirm the notice and, if he affirms it, may do so either in its original form or with such modifications as he may in the circumstances think fit.

(6) Where an appeal is brought under paragraph (2) against a revocation notice, the revocation shall not take effect pending the final determination or the withdrawal of the appeal.

(7) Where an appeal is brought under paragraph (1)(c), (d) or (e) in relation to the conditions attached to a permit, the bringing of the appeal shall not have the effect of suspending the operation of the conditions.

(8) Where an appeal is brought under paragraph (2) against a variation notice, an enforcement notice or a suspension notice, the bringing of the appeal shall not have the effect of suspending the operation of the notice.

(9) Regulations 11 and 12 shall apply where the Secretary of State, in exercising any of the powers in sub-paragraph (b) or (c) of paragraph (4), gives directions as to the conditions to be attached to a permit as they would apply to the regulator when determining the conditions of the permit.

(10) Schedule 8 shall have effect in relation to the making and determination of appeals under this regulation.

(11) This regulation and Schedule 8 are subject to section 114 of the Environment Act 1995 (delegation of reference of appeals).