PART 5

Miscellaneous and General

Appeals
31
1
A person responsible for contained use who is aggrieved by any of the following may appeal to the appropriate person—
a
a decision by the competent authority—
i
to refuse to provide a written agreement requested under regulation 10(6);
ii
to refuse consent for a class 3 or class 4 contained use notified under regulation 11(2);
iii
to refuse to provide written agreement under regulation 19(2)(c) that a particular containment measure need not be applied for a specific activity;
iv
to refuse to grant an exemption certificate under regulation 26(1) or to revoke such a certificate;
v
to impose a condition or a time limit on an exemption certificate issued under regulation 26(1);
b
an instruction concerning the cessation of a contained use under regulation 16(3);
c
a request for additional information by the Executive under regulation 24(1);
d
a notice from the competent authority under regulation 25.
2
The appropriate person may direct that an appeal be determined on their behalf by one or more persons appointed for that purpose.
3
The appropriate person may pay such remuneration and allowances to an appointed person as the appropriate person may determine.
4
An appointed person may decide the procedure to be followed on the appeal and may give such directions as are appropriate to give effect to the determination of the appeal.
5
Where an appeal is brought under this regulation—
a
the following remain valid pending the final determination of the appeal—
i
a decision of the competent authority referred to in paragraph (1)(a);
ii
a request for additional information made under regulation 24(1);
b
the following are not suspended pending the final determination of the appeal—
i
the operation of regulation 16 and any instructions given under regulation 16(3);
ii
a notice issued under regulation 25.
6
The period of time beginning with the date on which an appeal is lodged and ending with the date on which that appeal is determined will not be taken into account in calculating the period of days referred to in regulation 10(4), 10(7), 11(4), 11(5) or 12(4).
7
In this regulation,
- “appointed person” means the person appointed by the appropriate person to determine an appeal;
- “appropriate person” means—
  1. the Secretary of State, in the case of—
    1. an appeal under paragraph (1)(a) or (d) against a decision of, or a notice issued by, the competent authority as regards England and Wales; or
    2. an appeal under paragraph (1)(b) or (c) against a request or instruction relating to—
    3. the undertaking or proposed undertaking of a contained use; or
    4. premises which are the subject of a notification under regulation 9(2),
in England or Wales;
  2. the Secretary of State and the Scottish Ministers, acting jointly, in the case of—
    1. an appeal under paragraph (1)(a) or (d) against a decision of, or a notice issued by, the competent authority as regards Scotland or the joint competent authority; or
    2. an appeal under paragraph (1)(b) or (c) against a request or instruction relating to—
    3. the undertaking or proposed undertaking of a contained use; or
    4. premises which are the subject of a notification under regulation 9(2) or 9(5),
in Scotland.