5SOn the application of [F1SNH], the Secretary of State may make a scheme varying a control scheme or may revoke a control scheme.
Textual Amendments
F1Word in Act substituted (1.8.2010) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 1 para. 6; S.S.I. 2010/221, art. 3(2), Sch.
6SBefore making any such variation or revocation the Secretary of State shall—
(a)serve on every owner and every occupier of land on whom the control scheme has imposed any requirement or would, if varied as proposed, impose any requirement—
(i)a draft of the scheme varying the control scheme or, as the case may be, an intimation of the proposed revocation, together with
(ii)a notice stating that any such owner or occupier may, within twenty-eight days of the service of the draft scheme or the intimation, as the case may be, object to the Secretary of State in such a manner as may be specified in the notice to the variation or revocation of the control scheme; and
(b)publish in [F2such manner as the Scottish Ministers think fit] a notice—
(i)stating that the control scheme is to be varied or revoked, and
(ii)stating that any person may, within twenty-eight days of the first publication of such notice, object in such manner as may be specified in the notice to the making of the variation or revocation, and
(iii)naming, in the case of any such variation, a place F3... where a copy of the scheme as proposed to be varied and any map referred to in it may be inspected at all reasonable hours.
Textual Amendments
F2Words in Sch. 2 para. 6(b) substituted (1.1.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 28(6)(d)(i), 43(1) (with s. 41(1)); S.S.I. 2011/433, art. 2(1)(f)
F3Words in Sch. 2 para. 6(b)(iii) repealed (1.1.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 28(6)(d)(ii), 43(1) (with s. 41(1)); S.S.I. 2011/433, art. 2(1)(f)
7SIf no objection is duly made under paragraph 6 above or if all objections so made are withdrawn, the Secretary of State may vary or revoke the control scheme, as the case may be.
8SIf any objection duly made under paragraph 6 above is not withdrawn, the Secretary of State [F4—
(a)must consider the objection, and
(b)may] make the variation, either in the form of the draft or with modifications, or the revocation, as the case may be.
Textual Amendments
F4Words in Sch. 2 para. 8 substituted (1.1.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 28(6)(e), 43(1) (with s. 41(1)); S.S.I. 2011/433, art. 2(1)(f)
9SA variation of a control scheme shall not be made with any modification unless F5...—
(a)every—
(i)person served with a copy of the draft scheme by virtue of paragraph 6 above has been served with notice of the proposal to make the modification, and
(ii)other person on whom the modification, if made, would impose a requirement has been served with a notice of the proposal to make the modification along with a copy of the said draft scheme,
and either has consented to it or has not, before the expiry of fourteen days from the service of the notice, notified the Secretary of State in writing that he objects to it F6...
F6(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F5Word in Sch. 2 para. 9 repealed (1.1.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 28(6)(f)(i), 43(1) (with s. 41(1)); S.S.I. 2011/433, art. 2(1)(f)
F6Sch. 2 para. 9(b) and preceding word repealed (1.1.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 28(6)(f)(ii), 43(1) (with s. 41(1)); S.S.I. 2011/433, art. 2(1)(f)