The Greenhouse Gas Emissions Data and National Implementation Measures Regulations 2009

Regulation 7(4)

SCHEDULE 1 Appeals (other than appeals to which Schedule 2 applies)

1.—(1) A person who wishes to appeal to the appropriate authority under regulation 7 must give to the appropriate authority written notice of the appeal together with the documents specified in sub-paragraph (2) and must at the same time send to the regulator a copy of that notice together with copies of the documents specified in sub-paragraph (2)(a) and (d).

(2) The documents mentioned in sub-paragraph (1) are—

(a) a statement of the grounds of appeal;

(b) a copy of any relevant correspondence between the appellant and the regulator;

(c) a copy of any decision or notice which is the subject matter of the appeal; and

(d) a statement indicating whether the appellant wishes the appeal to be in the form of a hearing or to be disposed of on the basis of written representations.

(3) An appellant may withdraw an appeal by notifying the appropriate authority in writing and must send a copy of that notification to the regulator.

2.—(1) Subject to sub-paragraph (2), notice of appeal in accordance with paragraph 1 is to be given before the expiry of the period of 24 days beginning with the date of the decision, deemed decision or when the notice takes effect.

(2) The appropriate authority may in a particular case allow notice of appeal to be given after the expiry of the period in sub-paragraph (1) where it is satisfied that there was good reason for the applicant’s failure to bring the appeal in time.

3.—(1) Before determining an appeal, the appropriate authority may afford the appellant and the regulator an opportunity of appearing before and being heard by a person appointed by it (the “person holding the hearing”) and it must do so in any case where a request is made by the appellant or the regulator.

(2) A hearing held under sub-paragraph (1) may, if the person holding the hearing so decides, be held wholly or partly, in private.

(3) Where the appropriate authority causes a hearing to be held under sub-paragraph (1) it must give the appellant and the regulator at least 24 days notice (or such shorter period of notice as they may agree) of the date, time and place fixed for the holding of the hearing.

(4) In the case of a hearing which is to be held wholly or partly in public, the appropriate authority must, at least 24 days before the date fixed for the holding of the hearing publish a copy of the notice referred to in sub-paragraph (3) in a newspaper circulating in the locality in which the appellant is based.

(5) The appropriate authority may vary the date fixed for the holding of any hearing and sub-paragraphs (3) and (4) apply to the variation of a date as they applied to the date originally fixed.

(6) The appropriate authority may vary the time or place for the holding of a hearing and must give such notice of any such variation as appears to the appropriate authority to be reasonable.

(7) The persons entitled to be heard at a hearing are the appellant and the regulator.

(8) Nothing in sub-paragraph (7) prevents the person holding the hearing from permitting any other persons to be heard at the hearing and such permission must not be unreasonably withheld.

(9) After the conclusion of a hearing, the person holding the hearing must make a report in writing to the appropriate authority which must include that person’s conclusions and recommendations, or decision not to make any recommendation and in all cases the reasons supporting the report.

(10) Subject to sub-paragraph (11), subsections (2) to (5) of section 250 of the Local Government Act 1972(1) (local inquiries, evidence and costs) apply to hearings held under this Schedule as they apply to inquiries caused to be held under that section by a Minister, but with the following modifications, that is to say—

(a) with the substitution in subsection (2) (evidence) for the reference to the person appointed to hold the inquiry of a reference to the appropriate authority or the person holding the hearing;

(b) with the substitution in subsection (4) (recovery of costs of holding the inquiry) for the references to the Minister causing the inquiry to be held of references to the appropriate authority;

(c) with the substitution for the reference in that subsection to a local authority of a reference to the regulator;

(d) with the substitution in subsection (5) (orders as to the costs of the parties) for the reference to the Minister causing the inquiry to be held of a reference to the appropriate authority.

(11) In the case of an appeal to the Scottish Ministers, subsections (3) to (8) of section 210 of the Local Government (Scotland) Act 1973(2) (which relates to the costs of and holding of local inquiries) apply to hearings held under this Schedule by as they apply to inquiries held under that section, but with the following modifications, that is to say—

(a) with the substitution in subsection (3) (notice of inquiry) for the reference to the person appointed to hold the inquiry of a reference to the Scottish Ministers or the person holding the hearing;

(b) with the substitution in subsection (4) (evidence) for the reference to the person appointed to hold the inquiry and, in paragraph (b), the reference to the person holding the inquiry of references to the Scottish Ministers or the person holding the hearing;

(c) with the substitution in subsection (6) (expenses of witnesses etc) for the references to the Minister causing the inquiry to be held of a reference to the Scottish Ministers or the person holding the hearing;

(d) with the substitution in subsection (7) (expenses)—

(i) for the first reference to the Minister of a reference to the Scottish Ministers; and

(ii) for the second reference to the Minister of a reference to the Scottish Ministers or the person holding the hearing;

(e) with the substitution in subsection (7A) (recovery of entire administrative expense)—

(i) for the first reference to the Minister of a reference to the Scottish Ministers or the person holding the hearing;

(ii) in paragraph (a), for the reference to the Minister of a reference to the Scottish Ministers; and

(iii) in paragraph (b), for the reference to the Minister holding the inquiry of a reference to the Scottish Ministers;

(f) with the substitution in subsection (7B) (power to prescribe daily amount)—

(i) for the first reference to the Minister of a reference to the Scottish Ministers;

(ii) in paragraphs (a) and (c), for the references to the person appointed to hold the inquiry of references to the Scottish Ministers or the person holding the hearing; and

(iii) in paragraph (d), for the reference to the Minister of a reference to the Scottish Ministers or the person holding the hearing; and

(g) with the substitution in subsection (8) (certification of expenses)—

(i) for the words “the Minister has”, of the words “the Scottish Ministers have”;

(ii) for the reference to him and the reference to the Crown of references to the Scottish Ministers or the person holding the hearing.

4.—(1) Where an appeal under regulation 7 is to be disposed of on the basis of written representations, the regulator must submit any written representations to the appropriate authority not later than 24 days after receiving a copy of the documents mentioned in paragraph 1(2)(a) and (c).

(2) The appellant must make any further representations by way of reply to any representations from the regulator not later than 16 days after the date of submission of those representations by the regulator.

(3) Any representations made by the appellant or the regulator must bear the date on which they are submitted to the appropriate authority.

(4) When the regulator or the appellant submits any representations to the appropriate authority they must at the same time send a copy of them to the other party.

(5) The appropriate authority may in a particular case—

(a) set later time limits than those mentioned in this paragraph;

(b) require or permit exchanges of representations between the parties in addition to those mentioned in sub-paragraphs (1) and (2).

5.—(1) The appropriate authority must give notice to the appellant of its determination of the appeal and must provide the appellant with a copy of any report mentioned in paragraph 3(9).

(2) The appropriate authority must at the same time send a copy of the documents mentioned in sub-paragraph (1) to the regulator.

6.  Where a determination of the appropriate authority on an appeal is quashed in proceedings before any court, the appropriate authority—

(a) must send to the appellant and the regulator a statement of the matters with respect to which further representations are invited for the purposes of its further consideration of the appeal;

(b) must afford to those persons the opportunity of making, within 31 days of the date of the statement, written representations in respect of those matters; and

(c) may, as it thinks fit, cause a hearing to be held or reopened and, if it does so, paragraphs 3(2) to (11) apply to the hearing or the reopened hearing as they apply to a hearing held under paragraph 3(1),

and paragraph 5 applies to the re-determination of the appeal as it applies to the determination of an appeal.

(1)

1972 c.70; section 250 has been amended by the Statute Law (Repeals) Act 1989 (c.43), Schedule 1, Part IV, the Criminal Justice Act 1982 (c.48), sections 37, 38 and 46 and the Housing and Planning Act 1986 (c.63), Schedule 12, Part III.

(2)

1973 c.65, section 210 was amended by the Criminal Procedure (Scotland) Act 1975 (c.21), sections 289F and 289G (which were inserted into that Act by the Criminal Justice Act 1982 (c.48), section 54) and the Housing and Planning Act 1986, Schedule 11, paragraph 39.