Modifications etc. (not altering text)
C1Sch. 6 excluded (27.5.1997) by 1997 c. 8, ss. 70(4), 278(2), Sch. 7 para. 7 (with s. 64)
C2Sch. 6 applied (E.) (6.4.2012) by The Town and Country Planning (Tree Preservation)(England) Regulations 2012 (S.I. 2012/605), regs. 1(1), 19(5)
1(1)The Secretary of State may by regulations prescribe classes of appeals under sections 78 [F193I,] 106B, [F2106BC,] 174, 195 and 208, [F3of this Act, paragraph 5 of Schedule 2 to the Planning and Compensation Act 1991][F4and paragraphs 6(11) and (12) and 11(1) of Schedule 13 and paragraph 9(1) of Schedule 14 to the Environment Act 1925] which are to be determined by a person appointed by the Secretary of State for the purpose instead of by the Secretary of State.E+W
(2)Those classes of appeals shall be so determined except in such classes of case—
(a)as may for the time being be prescribed, or
(b)as may be specified in directions given by the Secretary of State.
[F5(2A)If no classes of appeals under section 106BC are prescribed by regulations under sub-paragraph (1), all appeals under that section are to be determined by a person appointed by the Secretary of State for the purpose instead of by the Secretary of State.]
(3)Regulations made for the purpose of this paragraph may provide for the giving of publicity to any directions given by the Secretary of State under this paragraph.
(4)This paragraph shall not affect any provision in this Act or [F6any other Act or any instrument made under this Act or any other Act] that an appeal shall lie to, or a notice of appeal shall be served on, the Secretary of State.
(5)A person appointed under this paragraph is referred to in this Schedule as “an appointed person”.
Textual Amendments
F1Word in Sch. 6 para. 1(1) inserted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(3), Sch. 11 para. 14(a) (with s. 247)
F2Word in Sch. 6 para. 1(1) inserted (25.4.2013) by Growth and Infrastructure Act 2013 (c. 27), s. 35(2), Sch. 2 para. 9(2)(a)
F3Words in Sch. 6 para. 1(1) inserted (6.4.2009 for E., 28.11.2014 for W.) by Planning Act 2008 (c. 29), ss. 198(2)(a), 241 (with s. 226); S.I. 2009/400, art. 5; S.I. 2014/2780, art. 2
F4Words in Sch. 6 para. 1(1) inserted (1.2.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 44 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 2
F5Sch. 6 para. 1(2A) inserted (25.4.2013) by Growth and Infrastructure Act 2013 (c. 27), s. 35(2), Sch. 2 para. 9(2)(b)
F6Words in Sch. 6 para. 1(4) substituted (6.4.2009 for E., 28.11.2014 for W.) by Planning Act 2008 (c. 29), ss. 198(2)(b), 241 (with s. 226); S.I. 2009/400, art. 5; S.I. 2014/2780, art. 2