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The Marine Licensing (Licence Application Appeals) Regulations 2011

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Representations and further comments

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10.  (1)  Where an appeal is to be determined by way of written representations—

(a)the Authority must, within the period of 6 weeks beginning with the start date, send to the Secretary of State any representations it wishes to make on the appeal together with any documents it wishes to rely on;

(b)if the appellant wishes to make any further representations to those referred to in the notice of appeal or the documents accompanying it referred to in regulation 7(2), the appellant must send 2 copies of those further representations to the Secretary of State within the period of 6 weeks beginning with the start date.

(2) Where an appeal is to be determined by way of hearing or inquiry, the appellant and the Authority must each, within the period of 6 weeks beginning with the start date, send to the Secretary of State a statement containing full particulars of the case they propose to put forward at the hearing or inquiry and a list of any documents they propose to refer to or put in evidence.

(3) At the end of the period of 6 weeks beginning with the start date, the Secretary of State must—

(a)where the appeal is to be determined by way of written representations—

(i)send a copy of the Authority’s representations to the appellant, and

(ii)send a copy of any further representations received under paragraph (1)(b) to the Authority;

(b)where the appeal is to be determined by way of hearing or inquiry, send, at the same time, a copy of the Authority’s statement and list of documents to the appellant and a copy of the appellant’s statement and list of documents to the Authority;

(c)in all cases, send, at the same time, copies of any other representations received by the Secretary of State to the appellant and the Authority.

(4) The appellant and the Authority may, within the period of 9 weeks beginning with the start date, send comments on those representations or statements to the Secretary of State.

(5) The Secretary of State must, as soon as is reasonably practicable after that 9-week period, send, at the same time, a copy of the Authority’s comments to the appellant and a copy of the appellant’s comments to the Authority.

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