Appeal to the High Court, Court of Session, or High Court in Northern Ireland15

1

In this regulation, the expressions “the English area”, “the Scottish area” and “the Northern Irish area” shall have the same meanings as in the Civil Jurisdiction (Offshore Activities) Order 198711.

2

Subject to paragraph (6), any applicant for a permit, any permit holder or any person the subject of a decision by the Secretary of State under these Regulations, aggrieved by her decision, may appeal to the court.

3

Subject to paragraph (4), the expression, “the court” means—

a

in respect of a decision relating to the discharge of oil in the English area, the High Court;

b

in respect of a decision relating to the discharge of oil in the Scottish area (excluding Scottish controlled waters), the Court of Session;

c

in respect of a decision relating to the discharge of oil in the Northern Irish area, the High Court in Northern Ireland.

4

Where oil is discharged or is to be discharged in more than one of the areas referred to in paragraph (1) (excluding Scottish controlled waters), any of the courts having jurisdiction in the area or areas where oil is discharged or is to be discharged shall have jurisdiction in relation to the decision in question.

5

Unless the court otherwise orders, any decision of the Secretary of State which is the subject of an appeal under paragraph (2) shall remain in force pending a final disposal of that appeal.

6

An appeal under this regulation shall be made within 28 days of written notification of the decision in question.