Nuclear Installations Act 1965
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Change 1
11D Appeals against decisions
(1) The following persons may appeal to the appropriate court against a decision of the Secretary of State on an application under section 11B— (a) where approval of a measure of reinstatement is refused, the public authority that applied for approval of the measure; (b) where approval of a measure of reinstatement is granted, the person whose breach, or alleged breach, of a duty imposed by section 7, 7B, 8, 9 or 10 caused, or is alleged to have caused, the impairment of the environment. (2) A decision of the Secretary of State to refuse approval on the ground mentioned in section 11B(7) may not be appealed under this section. (3) Subject to subsection (2), the court may on an appeal under this section determine whether or not to approve the measures of reinstatement to which the appeal relates. (4) Section 11B(6) applies in relation to a determination of the court as it applies in relation to a decision of the Secretary of State under section 11B. (5) The appropriate court is the court that has, or but for section 16(3E) would have had, jurisdiction in accordance with section 16C to determine a claim by virtue of section 7, 7B, 8, 9 or 10 for compensation under this Act in respect of the cost of the measures of reinstatement in question. (6) A decision of a person appointed under section 11B(12) may be appealed in the same way as a decision of the Secretary of State.
11D Appeals against decisions
(1) The following persons may appeal to the appropriate court against a decision of the Secretary of State on an application under section 11B— (a) where approval of a measure of reinstatement is refused, the public authority that applied for approval of the measure; (b) where approval of a measure of reinstatement is granted, the person whose breach, or alleged breach, of a duty imposed by section 7, 7B, 8, 9 or 10 caused, or is alleged to have caused, the impairment of the environment. (2) A decision of the Secretary of State to refuse approval on the ground mentioned in section 11B(7) may not be appealed under this section. (3) Subject to subsection (2), the court may on an appeal under this section determine whether or not to approve the measures of reinstatement to which the appeal relates. (4) Section 11B(6) applies in relation to a determination of the court as it applies in relation to a decision of the Secretary of State under section 11B. (5) The appropriate court is the court that has, or but for section 16(3E) would have had, jurisdiction in accordance with section 16C to determine a claim by virtue of section 7, 7B, 8, 9 or 10 for compensation under this Act in respect of the cost of the measures of reinstatement in question. (6) A decision of a person appointed under section 11B(12) may be appealed in the same way as a decision of the Secretary of State.
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