Environmental Protection Act 1990 : chapter 43.

  • Great Britain.
Date:
[1990], ©1990
Catalogue details

Licence: Open Government Licence

Credit: Environmental Protection Act 1990 : chapter 43. Source: Wellcome Collection.

    57/248 (page 47)
    (c) to suspend the licence so far as it authorises the carrying on of the activities specified in the licence or, as the case may be, the activities specified by the authority in suspending the licence. (7) Where a licence is revoked or suspended under subsection (6) above, subsections (5) or (8) and (9), (10) and (11) of section 38 above shall apply with the necessary modifications as they respectively apply to revocations or suspensions of licences under that section; and the power to make a requirement under subsection (5)(a) above shall be exercisable by notice served on the holder of the licence (and “‘specified”’ shall be construed accordingly). (8) The Secretary of State may, if he thinks fit in relation to a licence granted by a waste regulation authority, give to the authority directions as to whether and in what manner the authority should exercise its powers under this section; and it shall be the duty of the authority to give effect to the directions. 43.—(1) Where, except in pursuance of a direction given by the Secretary of State,— (a) an application for a licence or a modification of the conditions of (b) a licence is granted subject to conditions; (c) the conditions of a licence are modified; (d) a licence is suspended; (e) a licence is revoked under section 38 or 42 above; (f) an application to surrender a licence is rejected; or (g) an application for the transfer of a licence is rejected; then, except in the case of an application for a transfer, the applicant for the licence or, as the case may be, the holder or former holder of it may appeal from the decision to the Secretary of State and, in the case of an application for a transfer, the proposed transferee may do so. (2) Where an appeal is made to the Secretary of State— (a) the Secretary of State may refer any matter involved in the appeal to a person appointed by him for the purpose; (b) the Secretary of State may, instead of determining the appeal himself, direct that the appeal or any matter involved in it shall be determined by a person appointed by him for the purpose (who shall have the same powers as the Secretary of State); (c) if a party to the appeal so requests, or the Secretary of State so decides, the appeal shall be or continue in the form of a hearing (which may, if the person hearing the appeal so decides, be held or held to any extent in private). (3) Where, on such an appeal, the Secretary of State or other person determining the appeal determines that the decision of the authority shall be altered it shall be the duty of the authority to give effect to the determination. ParRT II Appeals to Secretary of State from decisions with respect to