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The Health Protection (Coronavirus Restrictions) (Functions of Local Authorities etc.) (Wales) Regulations 2020

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This is the original version (as it was originally made).

Appeals and representations

12.—(1) In this regulation, “interested person” means—

(a)in the case of a premises direction—

(i)a person carrying on a business from the premises to which the direction relates;

(ii)(if different) a person who owns or occupies the premises;

(b)in the case of an event direction—

(i)a person involved in organising the event to which the direction relates;

(ii)(if different) a person who owns or occupies the premises at which the event takes place or is proposed to take place;

(c)in the case of a public place direction—

(i)a person carrying on a business from premises within the public place to which the direction relates;

(ii)a person who owns, occupies or is responsible for any premises in the public place.

(2) An interested person may—

(a)appeal against the direction to a magistrates’ court by way of complaint for an order, and the Magistrates’ Courts Act 1980(1) applies to the proceedings;

(b)make representations to the Welsh Ministers about the direction.

(3) Where an interested person makes representations to the Welsh Ministers under this regulation the Welsh Ministers must—

(a)consider the representations as soon as is reasonably practicable, and

(b)decide whether it would be appropriate to exercise the power in regulation 13(1).

(4) The Welsh Ministers must provide written reasons for the decision in paragraph (3)(b) to—

(a)the interested person, and

(b)the local authority which gave the direction.

(5) Making representations under paragraph (2)(b) does not affect an interested person’s right of appeal under paragraph (2)(a).

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