SCHEDULES

C1SCHEDULE 1Risk Management: Designation of Features

Annotations:
Modifications etc. (not altering text)

Appeals

I1I215

1

The Minister must by regulations provide a right of appeal against—

a

designations,

b

a decision in connection with consent on an application under paragraph 6,

c

a refusal to cancel a designation on an application under paragraph 9, and

d

enforcement notices.

2

The regulations must—

a

confer jurisdiction on the Minister, a court or a tribunal, and

b

make provision about procedure.

3

Where an appeal against a designation is brought—

a

the designation continues to have effect while the appeal is pending;

b

the person hearing the appeal may cancel the designation.

4

Where an appeal against an enforcement notice is brought—

a

the effect of the notice is suspended while the appeal is pending;

b

the person hearing the appeal may determine that the notice is to cease to have effect.

5

The first sets of regulations may not be made unless a draft has been laid before and approved by resolution of—

a

each House of Parliament, in the case of the first regulations made by the Secretary of State, and

b

the National Assembly for Wales, in the case of the first regulations made by the Welsh Ministers.