C4C5C7C6C2C3C1 Part II Purchases By Local And Other Authorities

Annotations:
Modifications etc. (not altering text)
C4

Pts. 2, 3 applied (with modifications) (28.1.2005) by The East Midlands Parkway Station (Land Acquisition) Order 2005 (S.I. 2005/8), arts. 1, 11

C6

Pt. 2 restricted (coming into force in accordance with s. 208(4) of the amending Act) by National Health Service (Wales) Act 2006 (c. 42), s. 208(1), Sch. 2 para. 20(3) (with s. 19(3))

C2

Pt. 2 incorporated (with modifications) (21.5.2020) by The Lake Lothing (Lowestoft) Third Crossing Order 2020 (S.I. 2020/474), arts. 1, 24 (with arts. 51, 57)

C3

Pts. 2, 3 incorporated (with modifications) (29.10.2020) by The Southampton to London Pipeline Development Consent Order 2020 (S.I. 2020/1099), arts. 1, 22 (with art. 32, Sch. 9 para. 36)

C1

Parts II-IV applied (31.10.1994) by Opencast Coal Act 1958 c. 69, s. 16(4A) as substituted (31.10.1994) by 1994 c. 21, s. 52, Sch. 8 para. 14(5)(with s. 40(7)); S.I. 1994/2553, art. 2

Pt. II (ss. 10-15) restricted (E.) (4.1.2000) and (W.) (prosp.) by 1977 c. 49, Sch. 5A para. 19(3) (as inserted (E.) (4.1.2000) and (W.) (prosp.) by 1999 c. 8, ss. 2(2), 67(1), Sch. 1; S.I. 1999/2342, art. 2(3)(a), Sch. 2)

Confirmation of order

13AF1Confirmation of order: remaining objections

1

This section applies to the confirmation of a compulsory purchase order if a relevant objection is made which is neither—

a

withdrawn, nor

b

disregarded,

(a remaining objection).

2

The confirming authority may proceed under the written representations procedure—

a

if the order is not subject to special parliamentary procedure,

b

in the case of an order to which section 16 applies, if a certificate has been given under subsection (2) of that section, and

c

if every person who has made a remaining objection consents in the prescribed manner.

3

If subsection (2) does not apply or if the confirming authority decides not to proceed under that subsection, it must either—

a

cause a public local inquiry to be held, or

b

give every person who has made a remaining objection an opportunity of appearing before and being heard by a person appointed by the confirming authority for the purpose.

4

If a person who has made a remaining objection takes the opportunity to appear before a person appointed under subsection (3)(b) the confirming authority must give the acquiring authority and any other person it thinks appropriate the opportunity to be heard at the same time.

5

The confirming authority may confirm the order with or without modifications if it has considered the objection and either —

a

it has followed the written representations procedure, or

b

in a case which falls within subsection (3), if an inquiry was held or a person was appointed under subsection (3)(b), it has considered the report of the person who held the inquiry or who was so appointed.

6

The written representations procedure is such procedure as is prescribed for the purposes of this section including provision affording an opportunity to—

a

every person who has made a remaining objection,

b

the acquiring authority, and

c

any other person the confirming authority thinks appropriate,

to make written representations as to whether the order should be confirmed.

7

Relevant objection and disregarded must be construed in accordance with section 13.