SCHEDULE 6 Determination of Certain Appeals by Person Appointed by Secretary of State

SCHEDULE 6 Determination of Certain Appeals by Person Appointed by Secretary of State

Sections 79, 175, 195, 208

Determination of appeals by appointed person

1

(1)     The Secretary of State may by regulations prescribe classes of appeals under sections 78, [106B], [106BC,] 174, 195 and 208 [of this Act, paragraph 5 of Schedule 2 to the Planning and Compensation Act 1991], [and paragraphs 6(11) and (12) and 11(1) of Schedule 13 and paragraph 9(1) of Schedule 14 to the Environment Act 1995,] which are to be determined by a person appointed by the Secretary of State for the purpose instead of by the Secretary of State.

(2)     Those classes of appeals shall be so determined except in such classes of case—

(a)     as may for the time being be prescribed, or

(b)     as may be specified in directions given by the Secretary of State.

[(2A)     If no classes of appeals under section 106BC are prescribed by regulations under sub-paragraph (1), all appeals under that section are to be determined by a person appointed by the Secretary of State for the purpose instead of by the Secretary of State.]

(3)     Regulations made for the purpose of this paragraph may provide for the giving of publicity to any directions given by the Secretary of State under this paragraph.

(4)     This paragraph shall not affect any provision in this Act or [any other Act or any instrument made under this Act or any other Act] that an appeal shall lie to, or a notice of appeal shall be served

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