Appendix 4 S.I. 2003/2713: memorandum
from the Department for Environment, Food and Rural Affairs
Access to the Countryside (Exclusions and Restrictions)
(England) Regulations 2003 (S.I. 2003/2713)
1. The Committee has requested the Department to
submit a memorandum on two points concerning these regulations:
(1) In regulation 61, should "any one other
person" read "any other person"?
2. The answer to this question is "Yes":
however, the Secretary of State will, in practice, send a copy
of the amended notice of appeal to every person who appeared at
the hearing.
(2) Regulation 62(2) (which applies where a hearing
has been held for the purposes of a transferred appeal ) requires
the Secretary of State to ensure that a copy of the amended notice
of appeal is published on the Agency's website. Regulations 31,
40(6), 41(5), 54(6) and 55(5) impose similar requirements. Why
does regulation 61 (which applies where a hearing has been held
for the purposes of an appeal determined by the Secretary of State)
not impose such a requirement?
3. The Department acknowledges that this is an omission
from the regulations: in practice, however, the Planning Inspectorate
Executive Agency will place a copy of the amended notice of appeal
on its website as soon as practicable after the Secretary of State
has notified her decision on the appeal in accordance with regulation
61.
4. In the light of the Committee's observations the
Department proposes to make appropriate amendments to the regulations
as soon as a suitable opportunity to do so arises.
17 November 2003
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