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The Sites of Special Scientific Interest (Appeals) Regulations 2009
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Change to the procedure of an appeal
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22.—(1) If an appeal is by way of written representations, but, before the decision on the appeal has been notified, the appellant, Natural England, a 28L(2) party or the Secretary of State wishes the appeal to be dealt with other than by way of written representations, the Secretary of State must arrange for the appeal to proceed by way of a hearing or inquiry.
(2) If an appeal is by way of an inquiry or hearing, but before the inquiry or hearing has opened the appellant, Natural England or any 28L(2) party wishes it to be determined by way of written representations instead, the Secretary of State must consult the other parties, and, if all the parties 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.
(3) If an appeal is by way of an inquiry or hearing, but before the inquiry or hearing has opened the appellant, Natural England, any 28L(2) party or the Secretary of State wishes an appeal to be determined—
(a)no longer by way of a hearing but instead by way of an inquiry, or
(b)no longer by way of an inquiry but instead by way of a hearing,
the Secretary of State must, after consulting all the parties, decide whether the hearing or inquiry (as the case may be) should proceed no further and an inquiry or hearing (as appropriate) be held instead.
(4) Where the appeal procedure is changed by the Secretary of State under this paragraph—
(a)the Secretary of State must notify all the parties and any other person who has made representations in respect of the appeal of such change;
(b)any step taken or thing done in relation to the former appeal procedure which could have been done under any corresponding provision of this Schedule relating to the new appeal procedure shall have effect as if taken or done under that corresponding provision; and
(c)the Secretary of State may give consequential directions as to the procedure.
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