§ Lord Denningasked Her Majesty's Government:
Whether, when the Secretary of State is called upon to consider an "appeal" under paragraph 4(2) of Schedule 14 to the Wildlife and Countryside Act 1981, he is expected to consider whether the decision of the authority was right or wrong on the material before it, or to hold a statutory inquiry on new materials which were not before the authority.
§ Baroness BlatchWhen such an appeal is made to the Secretary of State he has to decide whether the decision made by the authority was the correct one in the light of the evidence presented to it in support of the application, its investigation of that evidence and all other relevant evidence available to it.
There is no provision under Schedule 14 for the holding of an inquiry but, if new evidence is presented by the applicant to the Secretary of State which was not presented to the authority, it is open to the Secretary of State as a matter of administrative practice to refer that evidence to the authority and ask whether it is is prepared to consider it. If the authority agrees, the Secretary of State then takes that evidence, and the authority's comments on it, into account when making his decision.
§ Lord Denningasked Her Majesty's Government:
What is the nature of the "directions" which the Secretary of State may give to the Surveying Authority under paragraph 4(2) of Schedule 14 of the Wildlife and Countryside Act 1981 and in particular whether he can direct that a modification order can be made without going through all the procedures required by Schedule 15.
§ Baroness BlatchThe direction made by the Secretary of State under paragraph 4(2) of Schedule 14 directs the authority to make a Definitive Map Order under Section 53 of the 1981 Act. Such an order is subject to all the procedures laid out in Schedule 15.