SCHEDULE 11APPEALS
PART I
1
In this Schedule—
a
“appeal” means an appeal under regulation 29;
“appellant” means a person who has brought an appeal;
“appointed person” means a person appointed in accordance with paragraph 2;
“appropriate person” has the same meaning as in regulation 29;
“authority” means the competent authority in the case of an appeal under regulation 29(1), (2)(c) or (3) and the Executive in the case of an appeal under regulation 29(2)(a) or (b);
“hearing” means a hearing to which Part II of this Schedule applies;
“the parties” means the appellant and the authority;
“site” means premises at which the activity involving genetic modification to which the appeal relates is, or is proposed to be, undertaken; and
b
a reference to a numbered sub-paragraph is a reference to the sub-paragraph so numbered in the paragraph in which that reference occurs.
2
The appropriate person shall direct that an appeal shall be determined by a person appointed by him for the purpose and the appropriate person shall notify the parties in writing of the name of the appointed person.
3
Before the determination of an appeal, the appointed person shall ask the parties whether they wish to appear and be heard on the appeal and—
a
the appeal may be determined without a hearing of the parties if both of them express a wish not to be heard as aforesaid;
b
the appointed person shall, if either of the parties expresses a wish to appear and be heard, afford both of them an opportunity of so doing, in which case the provisions of Part II of this Schedule shall apply.
4
An appointed person may give such directions as he thinks appropriate to give effect to his determination.
5
The appropriate person may pay to an appointed person such remuneration and allowances as the appropriate person may, with the approval of the Minister for the Civil Service, determine.