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High Speed Rail (London - West Midlands) Act 2017

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This is the original version (as it was originally enacted).

Appeals

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25(1)An appeal under paragraph 22 is to be dealt with on the basis of written representations, unless the person deciding the appeal directs otherwise.

(2)Subject to that, the appropriate Ministers may by regulations make such provision as they think fit about procedure in relation to appeals under paragraph 22.

(3)Regulations under this paragraph may, in particular—

(a)make provision for a time limit within which any person entitled to make representations must submit them in writing and any supporting documents,

(b)empower the person deciding an appeal to proceed to a decision taking into account only such written representations and supporting documents as were submitted within the time limit, and

(c)empower the person deciding an appeal, after giving written notice of intention to do so to the nominated undertaker and the planning authority whose decision is appealed against, to proceed to a decision notwithstanding that no written representations were made within the time limit, if it appears to the person that there is sufficient material before the person to enable a decision on the merits of the case.

(4)Regulations under this paragraph may, in relation to such a time limit as is mentioned in sub-paragraph (3)(a)—

(a)prescribe the time limit in regulations, or

(b)enable the appropriate Ministers to give directions setting the time limit in a particular case or class of case.

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