§ Lord Denningasked Her Majesty's Government:
Whether an inspector who holds an inquiry under paragraph 10, sub-paragraph (1) of schedule 15 to the Wildlife and Countryside Act 1981 can himself confirm his own order or whether it should be confirmed by the Secretary of State instead of by the inspector; or, alternatively, if the inspector can confirm his own order, whether his confirmation can be challenged in the courts of law.
§ The Parliamentary Under-Secretary of State, Department of the Environment (The Earl of Arran)The decisions to which paragraph 10(1) of Schedule 15 to the Wildlife and Countryside Act 1981 applies are the decisions under paragraphs 6, 7 or 8 of Schedule 15. In certain circumstances, an order made by a surveying 87WA authority requires the confirmation of the Secretary of State for the Environment (unless the Secretary of State for the Environment directs to the contrary). An inspector's decision does not need to be confirmed by anyone, just as the Secretary of State for the Environment's decision does not need confirmation. An inspector's decision can be challenged in the High Court in the circumstances set out in paragraph 12 of Schedule 15 and in other circumstances can be challenged by judicial review.