73.—(1) Subject to paragraph (3), the following persons may appeal to the appeal body—
(a)a person who is aggrieved by a decision determining any application made by them under these Regulations;
(b)a person who is aggrieved by a notice served on them [F1or notification given to them] under any provision mentioned in paragraph (2).
(2) Those provisions are—
(a)regulation 11(2), (3)(b) or (4);
(b)regulation 14(1);
(c)regulation 26(2);
(d)regulation 37(1), (2)(b) or (3);
(e)regulation 43(1);
(f)regulation 44(4);
(g)regulation 45(2);
(h)regulation 50(1) or (3);
(i)paragraph 8(1) or (4) of Schedule 5;
(j)paragraph 6(7)(a) of Schedule 6, in relation to a decision to make a request under paragraph 6(5)(a) or (b) of that Schedule;
(k)paragraph 7(11)(a) of Schedule 6, in relation to a decision to make a request under paragraph 7(9)(a) of that Schedule;
(l)paragraph 7(11)(b) of Schedule 6;
(m)paragraph 8(11)(a) of Schedule 6, in relation to a decision to make a request under paragraph 8(9)(a) or (b) of that Schedule;
(n)paragraph 11(2) of Schedule 6;
[F2(na)paragraph 7(7)(a) of Schedule 6A, in relation to a decision to notify the registry administrator to withhold allowances under paragraph 7(5)(a) or (b) of that Schedule;
(nb)paragraph 8(14)(a) of Schedule 6A, in relation to a decision to notify the registry administrator to withhold allowances under paragraph 8(12)(a) or (b) of that Schedule;
(nc)paragraph 8(14)(b) of Schedule 6A;
(nd)paragraph 9(7)(a) of Schedule 6A, in relation to a decision to notify the registry administrator to withhold allowances under paragraph 9(5)(a) or (b) of that Schedule;
(ne)paragraph 12(2) of Schedule 6A;]
(o)paragraph 10(2) of Schedule 7.
(3) An appeal under paragraph (1) may not be made to the extent that the decision implements—
(a)a direction given by the authority under section 40 of the Environment Act 1995 [F3, article 11 of the NRBW Order] or regulation 37 of the Northern Ireland Regulations F4, or
(b)a direction given by an appeal body under these Regulations.
Textual Amendments
F1Words in reg. 73(1)(b) inserted (4.12.2015) by The Greenhouse Gas Emissions Trading Scheme (Amendment) Regulations 2015 (S.I. 2015/1849), regs. 1(1), 9(2)
F2Reg. 73(2)(na)-(ne) inserted (4.12.2015) by The Greenhouse Gas Emissions Trading Scheme (Amendment) Regulations 2015 (S.I. 2015/1849), regs. 1(1), 9(3)
F3Words in reg. 73(3)(a) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 423 (with Sch. 7)
F4Regulation 37 is modified by regulation 7(2) of these Regulations.