Section 72: Appeals procedure, Anti-social Behaviour Act 2003

The appeal authority may by regulations make provision with respect to—

the procedure which is to be followed in connection with appeals to that authority under section 71; and

other matters consequential on or connected with such appeals.

Regulations under this section may, in particular, make provision—

specifying the grounds on which appeals may be made;

prescribing the manner in which appeals are to be made;

requiring persons making appeals to send copies of such documents as may be prescribed to such persons as may be prescribed;

requiring local authorities against whose decisions appeals are made to send to the appeal authority such documents as may be prescribed;

specifying, where a local authority are required by virtue of paragraph (d) to send the appeal authority a statement indicating the submissions which they propose to put forward on the appeal, the matters to be included in such a statement;

prescribing the period within which a requirement imposed by the regulations is to be complied with;

enabling such a period to be extended by the appeal authority;

for a decision on an appeal to be binding on persons falling within section 71(2) in addition to the person by whom the appeal was made;

for incidental or ancillary matters, including the awarding of costs.

Where an appeal is made to the appeal authority under section 71 the appeal authority may appoint a person to hear and determine the appeal on its behalf.

The appeal authority may require such a person to exercise on its behalf any functions which—

are conferred on the appeal authority in connection with such an appeal by section 71 or 73 or by regulations under this section; and

are specified in that person’s appointment;

and references to the appeal authority in section 71 or 73 or in any regulations under this section shall be construed accordingly.

The appeal authority may pay a person appointed under subsection (3) such remuneration as it may determine.

Regulations under this section may provide for any provision of Schedule 20 to the Environment Act 1995 (c. 25) (delegation of appellate functions) to apply in relation to a person appointed under subsection (3) with such modifications (if any) as may be prescribed.

In this section, “prescribed” means prescribed by regulations made by the appeal authority.

Section 72: Appeals procedure

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