HL Deb 13 December 1993 vol 550 cc95-6WA
Lord Denning

asked Her Majesty's Government:

Further to the second Answer of the Baroness Denton of Wakefield in the last sentence on 25th November 1993 (HL, WA 18), whether the right retained by the Secretary of State is the right to "confirm" and order himself and not to "determine", and whether that right is to be retained only when it comes within one of the classes of case referred to in paragraph 10, sub-paragraph (1).

Baroness Denton of Wakefield

The decision of the Secretary of State mentioned in paragraph 10(1) of Schedule 15 to the Wildlife and Countryside Act 1981 is a decision whether or not to confirm (with or without modifications) an order submitted to him for confirmation. Such decisions arise under paragraph 6, 7 or 8 of that Schedule, as the case may be.

By virtue of paragraph 10 of Schedule 15, all decisions under paragraphs 6, 7 and 8 are taken by Inspectors, apart from those in any classes of case excepted by regulations or directions under sub-paragraph (1), and in any particular cases the subject of individual directions under sub-paragraph (2).

No regulations or directions relating to classes of case have been made. The most common reason for an individual direction is that complex legal issues arise in the case in question.