Part X Statutory Undertakers
Extinguishment of rights of statutory undertakers, etc.
C1C2C3C4C5C6C7C8227 Orders under sections 224 and 225.
1
Where F1the Scottish Ministers propose to make an order under section 224(7) or 225(7), they shall prepare a draft of the order.
2
Before making an order under subsection (6) or (7) of section 224, or under subsection (6) or (7) of section 225, the F2Scottish Ministersshall give the statutory undertakers or, as the case may be, the operator of F5the electronic communications code network on whom notice was served under subsection (3) of section 224 or, as the case may be, under subsection (3) of section 225 an opportunity of objecting to the application for, or proposal to make, the order.
3
If any such objection is made, before making the order the Ministers shall cause an inquiry to be held and shall give those statutory undertakers or, as the case may be, that operator (and, in a case falling within subsection (6) of either of those sections, the planning authority or statutory undertakers on whom the counter-notice was served) an opportunity of appearing before, and being heard by, a person appointed for the purpose by the F3Scottish Ministers .
4
After complying with subsections (2) and (3) the Ministers may, if they think fit, make the order in accordance with the application or, as the case may be, in accordance with the draft order, either with or without modification.
5
Where an order is made under section 224 or 225—
a
any right to which the order relates shall be extinguished at the end of the period specified in that behalf in the order, and
b
if, at the end of the period so specified in relation to any apparatus, any requirement of the order as to the removal of the apparatus has not been complied with, the acquiring or appropriating authority may remove the apparatus and dispose of it in any way the authority may think fit.
F46
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