Office of Public Sector Information

Regulation 28(3)

SCHEDULE 6 PROCEDURE ON APPEALS

1.—(1) A person who wishes to appeal to the Planning Appeals Commission under regulation 27 shall do so by notice in writing given or sent to the Planning Appeals Commission.

(2) The notice shall be accompanied by—

(a) a statement of the grounds of appeal;

(b) a copy of any correspondence or document relevant to the appeal that could be required to be disclosed as part of standard disclosure under Order 24 of the Rules of the Supreme Court (Northern Ireland) 1984(29);

(c) a statement indicating whether the appellant wishes the appeal to be in the form of a hearing or to be determined on the basis of written representations.

(3) The appellant shall serve a copy of his notice of appeal on the Department together with copies of the documents mentioned in sub-paragraph (2) above.

2.—(1) Subject to sub-paragraph (2) below, notice of appeal shall be given before the expiry of the period of 2 months beginning with the date of the decision which is the subject of the appeal.

(2) The Planning Appeals Commission may at any time allow notice of an appeal to be given after the expiry of the period mentioned in sub-paragraph (1) above.

3.  Where under regulation 28(2) the appeal is by way of a hearing, the person hearing the appeal shall, unless he has been appointed to determine the appeal under regulation 28(1)(a), make a written report to the Planning Appeals Commission which shall include his conclusions and recommendations or his reasons for not making any recommendations.

4.—(1) The Planning Appeals Commission or other person determining an appeal shall notify the appellant in writing of its or his decision and the reasons for the decision.

(2) If the Planning Appeals Commission determines an appeal after a hearing under regulation 28(2), it shall provide the appellant with a copy of any report made to him under paragraph 3 above.

(3) The Planning Appeals Commission or other person determining an appeal shall, at the same time as notifying the appellant of his decision, send the Department a copy of any document sent to the appellant under this paragraph.

Regulation 33

SCHEDULE 7 PUBLIC REGISTER

1.  The name and address of the registered office or principal place of business of—

(a) each registered producer;

(b) each registered operator of a scheme and each member of the scheme for which he is the operator; and

(c) each accredited reprocessor and accredited exporter.

2.  In relation to accredited reprocessors and exporters—

(a) each material type accepted;

(b) in relation to any recovery operation to be used, the appropriate classification of the applicable operation provided for in Annex IIB of the Waste Directive;

(c) in relation to the incineration at waste incineration plants with energy recovery, the appropriate classification of the applicable operation under Annex IIA or Annex IIB of the Waste Directive;

(d) whether the reprocessor or exporter is accredited to issue PRNs or PERNs for either 400 tonnes or less, or more than 400 tonnes of packaging waste;

(e) the business name, address and telephone number of the reprocessor or exporter;

(f) the site address for an accredited reprocessor;

(g) the reference number supplied by the Department;

(h) whether or not quarterly returns and annual returns have been provided in accordance with the conditions set out in paragraphs 1(n), 1(o) and where required 1(p) of Schedule 5;

(i) whether the Department has served a notice to suspend or cancel accreditation; and

(j) whether accreditation has been suspended or cancelled.

3.  A statement in relation to each registered producer as to whether a satisfactory certificate of compliance has been furnished.

4.  A statement in relation to each registered operator of a scheme as to whether he has complied with his obligations under regulation 12(1).

Regulation 35

SCHEDULE 8 SUPPLEMENTAL PROVISIONS WITH REGARD TO POWERS OF ENTRY

Issue of warrants

1.—(1) If it is shown to the satisfaction of a justice of the peace on complaint on oath—

(a) that there are reasonable grounds for the exercise in relation to any premises of a relevant power conferred by regulation 35; and

(b) that one or more of the conditions specified in sub-paragraph (2) is fulfilled in relation to those premises,

the justice may by warrant authorise an authorised person to exercise the power in relation to those premises, in accordance with the warrant and, if need be, by force.

(2) The conditions mentioned in sub-paragraph (1)(b) are—

(a) that the exercise of the power in relation to the premises has been refused;

(b) that such a refusal is reasonably apprehended;

(c) that the premises are unoccupied;

(d) that the occupier is temporarily absent from the premises and the case is one of urgency; or

(e) that an application for admission to the premises would defeat the object of the proposed entry.

(3) In a case where paragraph (3) of regulation 35, applies, a justice of the peace shall not issue a warrant under this Schedule by virtue only of being satisfied that the exercise of a power in relation to any premises has been refused, or that a refusal is reasonably apprehended; unless he is also satisfied that the notice required by that paragraph has been given and that the period of that notice has expired.

(4) Every warrant under this Schedule shall continue in force until the purposes for which the warrant was issued have been fulfilled.

Manner of exercise of powers

2.  An authorised person shall produce evidence of his designation and other authority before he exercises the power.

Information obtained to be admissible in evidence

3.—(1) Subject to paragraph (5) of regulation 35, information obtained in consequence of the exercise of relevant power, with or without the consent of any person, shall be admissible in evidence against that or any other person.

(2) Without prejudice to the generality of sub-paragraph (1), information obtained by means of monitoring or other apparatus installed on any premises in the exercise of a relevant power, with or without the consent of any person in occupation of the premises, shall be admissible in evidence in any proceedings against that or any other person.

Duty to secure premises

4.  A person who, in the exercise of a relevant power, enters on any premises which are unoccupied or whose occupier is temporarily absent shall leave the premises as effectually secured against trespassers as he found them.

Compensations

5.—(1) Where an authorised person exercises any power conferred by sub-paragraph 2(a) of regulation 35, it shall be the duty of the Department to make full compensation to any person who has sustained loss or damage by reason of—

(a) the exercise by the authorised person of that power; or

(b) the performance of, or failure of the authorised person to perform, the duty imposed by paragraph (4).

(2) Compensation shall not be payable by virtue of sub-paragraph (1) in respect of any loss or damage if the loss or damage—

(a) is attributable to the default of the person who sustained it; or

(b) is loss or damage in respect of which compensation is payable by virtue of any other provision of the Order.

(3) Any dispute as to a person’s entitlement to compensation under this paragraph, or as to the amount of any such compensation, shall be referred to and determined by the Lands Tribunal; and Articles 4 and 5 of the Land Compensation (Northern Ireland) Order 1982(30) shall apply to any such determination.

(4) An authorised person shall not be liable in any civil or criminal proceedings for anything done in the purported exercise of any relevant power if the court is satisfied that the act was done in good faith and that there were reasonable grounds for doing it.

Relevant power

6.  In this Schedule “relevant power” means a power conferred by regulation 35 including a power exercisable by virtue of a warrant under this Schedule.