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

Changes of procedure E+W

68.—(1) If, at any time before the Secretary of State or the inspector, in either case under regulation 31, notifies her or (as the case may be) his decision on an appeal, the appellant, the relevant authority or the Secretary of State wishes the appeal to be determined no longer by way of written representations but instead by way of a hearing or inquiry, the Secretary of State shall arrange for the appeal to proceed by way of a hearing or inquiry.

(2) Paragraphs (3) and (4) apply at any time before the Secretary of State, under regulation 40 or 54, or an inspector, under regulation 41 or 55, notifies her or (as the case may be) his decision on an appeal.

(3) If the appellant or the relevant authority wishes an appeal to be determined no longer by way of a hearing or inquiry but instead by way of written representations, the Secretary of State shall consult the other party, and, if both that party and the Secretary of State agree to such a change in procedure, the Secretary of State shall arrange for the appeal to be determined by way of written representations.

(4) If the appellant, the relevant authority or the Secretary of State wishes an appeal to be determined—

(i) no longer by way of a hearing but instead by way of an inquiry, or

(ii) no longer by way of an inquiry but instead by way of a hearing,

the Secretary of State shall, after consulting the other party or, where the Secretary of State wishes the appeal procedure to be changed, both the parties, decide whether the hearing or inquiry (as the case may be) should be no longer proceed and an inquiry or hearing (as appropriate) be held instead.

(5) Where the appeal procedure is changed by the Secretary of State under this regulation—

(a) the Secretary of State shall—

(i) notify the appellant, the relevant authority and any interested person in respect of the appeal of such change, and

(ii) ensure that a copy of such notice is available for inspection on a [F1 relevant website] until the appeal is determined; and

(b) in relation to the conduct of the appeal thereafter—

(i) any step taken or thing done under these Regulations in relation to the former appeal procedure which could have been taken done under any corresponding provision of these Regulations relating to the new appeal procedure shall have effect as if taken or done under that corresponding provision, and

(ii) the Secretary of State may give any consequential directions as to the procedure to be applied in relation to the appeal as she may consider necessary.

Textual Amendments

F1 Words in reg. 68(5)(a)(ii) substituted (1.10.2011) by The Access to the Countryside (Exclusions and Restrictions) (Amendment) (England) Regulations 2011 (S.I. 2011/2021), regs. 1(1), 27