Commentary on Sections Part 3 – Dealing With Tip Instability and Threats to Tip Stability Overview of Chapter Section 40 – Supplementary provision about appeals
165.Subsection (1) places a duty on the Welsh Ministers to make regulations about the procedure to be followed in determining appeals made under section 38. For example, this could include provision conferring a discretion on the person determining the appeal to decide which way the appeal proceedings should be determined ie by written representations or a hearing. It could also include provision conferring a discretion on that person to appoint another person to advise on any technical matters arising in connection with an appeal.
166.Subsection (2) gives the Welsh Ministers the power to make regulations about any other (non-procedural) matter that is connected to the determination of appeals under section 38. For example, this might include matters that are preliminary or subsequent to the determination of an appeal, or which, for other reasons, cannot reasonably be characterised as a matter of procedure. An example might be conferring a power to enter land if that is necessary to fairly determine an appeal.
167.Regulations made under this section may cover both procedural matters and other matters connected to determining an appeal. Further detail about the type of provision that may be made in these regulations is contained in the Statement of Policy Intent that accompanied the Bill’s introduction.
168.Subsection (3) sets out examples of the matters that may be included in regulations made under this section. Subsection (4) provides that regulations under this section may confer a discretion on a person. Subsection (5) provides that regulations under this section may create offences in connection with failures to comply with any requirements imposed by or under the regulations.