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Environment Act 1995

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This is the original version (as it was originally enacted).

Appeals: general procedural provisions

16(1)This paragraph applies to appeals under any of the following provisions of this Schedule—

(a)paragraph 6(11) or (12) above; or

(b)paragraph 11(1) above.

(2)Notice of appeal in respect of an appeal to which this paragraph applies shall be given on a form supplied by or on behalf of the Secretary of State for use for that purpose, and giving, so far as reasonably practicable, the information required by that form.

(3)Paragraph 6 of Schedule 2 to the 1991 Act (determination of appeals) shall, as respects England and Wales, apply to an appeal to which this paragraph applies as it applies to an appeal under paragraph 5 of that Schedule.

(4)As respects England and Wales, sections 284 to 288 of the 1990 Act (validity of certain decisions and proceedings for questioning their validity) shall have effect as if the action mentioned in section 284(3) of that Act included any decision of the Secretary of State—

(a)on an appeal to which this paragraph applies; or

(b)on an application under paragraph 9 above referred to him under paragraph 13 above.

(5)Paragraph 6 of Schedule 10A to the 1972 Act (determination of appeals) shall, as respects Scotland, apply to an appeal to which this paragraph applies as it applies to appeals under paragraph 5 of that Schedule.

(6)As respects Scotland, sections 231 to 233 of the 1972 Act (validity of certain decisions and proceedings for questioning their validity) shall have effect as if the action mentioned in section 231(3) included any decision of the Secretary of State—

(a)on an appeal to which this paragraph applies; or

(b)on an application under paragraph 9 above referred to him under paragraph 13 above.

(7)As respects Scotland, Schedule 7 to the 1972 Act shall apply to appeals to which this paragraph applies.

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