108.Subsection (1) describes the persons that the Authority must notify if it proposes to make a notifiable change.
109.Subsection (2) describes what a notice under subsection 1 (i.e. a “notice of a proposed change to the register”) must address.
110.Amongst other things, the notice must advise the person to whom a notice is given under this section that they may make representations to the Authority about the proposal. The notice must give the person a period of at least 30 days beginning with the day after the day on which the notice is given to make representations. This means, for example, that if a notice is given on 1 October a person must be given until at least 31 October to make the representations. The notice must also explain how a person may make representations.
111.The ways of making representations could include, for example, by email or post to the Authority. It is anticipated that the Welsh Ministers will give guidance to the Authority to make reasonable adjustments for persons who may find it difficult to make a complaint using traditional methods.
112.In terms of the substance of the representations, it would be for the person making the representations to determine what additional evidence they wish the Authority to consider when making a decision, this might include information they believe the Authority has not considered or had access to.
113.Subsection (3) gives the Welsh Ministers a regulation making power to change the time period for making representations. The power cannot be exercised to reduce the period for making representations to less than 14 days.
Commentary on Sections Part 2 Assessment, Registrati on and Monitoring of Disused Tips Overview of Chapter 5 Section 29 – Proposal to make notifiable change