45.—(1) A person who is not a party may make submissions or observations in writing to the Board in relation to an appeal.

F26[(2) (a) Without prejudice to subsection (3), submissions or observations referred to in subsection (1) may be made within a period set by the Board (being not less than 30 days from the date on which the Board published the notice of appeal under section 40(9)).

(b) The Board shall not consider any submissions or observations received after the period set by it under paragraph (a).]

(3) Subsection (2) shall not apply to submissions or observations made by a Member State of the European Communities (within the meaning of the European Communities Act, 1972) arising from consultation in accordance with Directive 85/337/EEC⁽²⁾ (or any provision amending or replacing that Directive) in relation to the effects on the environment of the aquaculture or proposed aquaculture to which the appeal relates.

(4) Without prejudice to section 46, a person who makes submissions or observations to the Board in accordance with this section shall not be entitled to elaborate in writing on the submissions or observations or to make further submissions or observations in writing in relation to the appeal, and any such elaboration or further submissions or observations shall not be considered by the Board.