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

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Date and notification of hearingE+W

32.—(1) The date fixed by the Secretary of State for a hearing shall be the earliest date after the expiry of the appeal period which she considers to be practicable having regard to the desirability of arranging for consecutive or concurrent hearings to be held in connection with appeals against a decision of a relevant authority.

(2) If the Secretary of State does not consider it desirable to arrange consecutive or concurrent hearings in connection with appeals against a decision of a relevant authority, the date fixed for the holding of a hearing shall be—

(a)not later than twenty-two weeks after the start date, unless she considers such a date impracticable; or

(b)the earliest date after that period which she considers to be practicable.

(3) Unless the Secretary of State agrees a lesser period of notice with the appellant and the relevant authority, she shall give the appellant, the authority and any interested person not less than four weeks' written notice of the date, time and place fixed by her for the holding of a hearing.

(4) The Secretary of State may at any time change the date fixed for the holding of a hearing (whether or not the new date is within the period mentioned in paragraph (2)) and paragraph (3) shall apply to the new date.

(5) The Secretary of State may at any time change the time or place for the holding of a hearing and shall give such notice of any change to the persons mentioned in paragraph (3) as appears to her to be reasonable.

(6) The Secretary of State may require the relevant authority to publish, not less than two weeks before the date fixed for the hearing, a notice of the hearing in one or more newspapers circulating in the locality in which the appeal land is situated; and the Secretary of State shall ensure that [F1a copy of such notice is available for inspection on a relevant website] until the appeal is determined.

(7) Every notice of a hearing published pursuant to paragraph (6) shall contain—

(a)a statement of the date, time and place of the hearing and of the powers enabling the Secretary of State to determine the appeal in question; and

(b)a brief description of the appeal land and of the grounds of appeal.

(8) A notice referred to in paragraph (6) may relate to more than one hearing.

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