A Manual of Environmental Protection Law: The Pollution Control Functions of the Environment Agency and SEPA

By Michael Fry | Go to book overview

The Radioactive Substances (Appeals) Regulations 1990
S.I. 1990 No. 2504Note: This instrument was made under the Radioactive Substances Act 1960. The 1960 Act was repealed by, and provisions within it re-enacted in, the Radioactive Substances Act 1993, p.381 above. Where this instrument refers to the 1960 Act, the annotations provide the corresponding reference to the 1993 Act.The Secretary of State for the Environment as respects England, the Secretary of State for Wales as respects Wales and the Secretary of State for Scotland as respects Scotland, in exercise of their powers under sections 11D(6) and (11) of the Radioactive Substances Act 19601 and of all other powers enabling them in that behalf, hereby make the following Regulations:Citation, commencement and interpretation1. (1) These Regulations maybe cited as the Radioactive Substances (Appeals) Regulations 1990 and shall come into force on 1st January 1991.(2) In these Regulations "the 1960 Act" means the Radioactive Substances Act 1960.Notice of appeal2. (1) A person who wishes to appeal to the Secretary of State under section 11D of the 1960 Act2 shall give written notice of the appeal to the Secretary of State.(2) The notice of appeal shall be accompanied by the following--
a. a full statement of the appellant's case;
b. a copy of any relevant application;
c. a copy of any relevant certificate of registration or authorisation;
d. a copy of any relevant correspondence between the appellant and the appropriate Agency;3
e. a copy of any decision or notice which is the subject-matter of the appeal;
f. a statement indicating whether the appellant wishes the appeal to be in the form of a hearing or to be disposed of on the basis of written representations.
(3) Any request by the appellant that an appeal be withdrawn shall be made to the Secretary of State in writing.Time limit for bringing appeal3. (1) Subject to paragraph (2) below, notice of appeal pursuant to regulation 2(1) above is to be given before the expiry of the period of two months beginning with the date on which--
a. a copy of the decision or notice which is the subject-matter of the appeal is sent to the appellant; or
____________________
1
The corresponding provision in the Radioactive Substances Act 1993 is at s.27(2) and (7), p.399 above. See the definition of "prescribed" in s.47(1), p.408 above.
2
The corresponding provision in the Radioactive Substances Act 1993 is at s.26, p.398 above. See also s.27.
3
"The appropriate Agency" means, in relation to England and Wales, the Environment Agency, and, in relation to Scotland, the Scottish Environment Protection Agency, SEPA; words "the appropriate Agency" substituted by the Environment Act 1995 (c.25): s.120, sch.22, para.233. This amendment came into force on 1 April 1996: S.I. 1996/186.

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