The Access to the Countryside (Exclusions and Restrictions) (England) Regulations 2003

Notification of start of appeal etc.E+W

23.—(1) The Secretary of State shall, as soon as practicable after receipt of the information required to be supplied by the relevant authority in accordance with regulation 22, notify in writing the appellant, the authority and any other person who has made representations to the authority in respect of the appeal land of—

(a)the start date;

(b)whether the appeal will take the form of a hearing or inquiry or will be determined on the basis of written representations;

(c)whether the appeal will be determined by the Secretary of State or by an inspector;

(d)the reference number allocated to the appeal;

(e)the address (including an e-mail address) to which written communications to the Secretary of State about the appeal are to be sent; and

(f)the time and place where documents relating to the appeal are to be made available for the purposes of regulation 67.

(2) A notice under paragraph (1) shall—

(a)state the name of the appellant and the location and extent of the appeal land, sufficiently to enable it to be identified;

(b) state that the appeal is in respect of the decision of a relevant authority not to act in accordance with—

(i)an application made by the appellant for a direction under section 24 or 25(1)(b), or

(ii)representations made by the appellant on being consulted under section 27(5) in respect of the proposed revocation or variation of such a direction,

and provide a brief description of such application or representations;

(c)state that the relevant authority—

(i)has sent to the Secretary of State and the appellant the name and address of any person, other than the appellant, who made representations to the relevant authority in respect of the matters mentioned in regulation 22(b)(i) or (ii), and

(ii)is required to send a copy of such representations to the Secretary of State and the appellant;

(d)state that, if any such persons wish their representations to be disregarded by the Secretary of State for the purposes of the appeal, they should notify the Secretary of State in writing of this within six weeks of the start date;

(e)state that a person who has made any such representations may make further representations in writing to the Secretary of State in respect of the appeal by ensuring that they are received by the Secretary of State within six weeks of the start date;

(f)state that any other person may also make representations in writing to the Secretary of State in respect of the appeal by ensuring that they are received by the Secretary of State within such time; and

(g)if there is to be a hearing or inquiry, state that any person, other than the appellant or a relevant authority, may be heard with the permission of the inspector and that such permission shall not be unreasonably withheld.

(3) The Secretary of State shall ensure that a copy of the notice of appeal is available for inspection on a [F1relevant website] until the appeal is determined.

Textual Amendments