SCHEDULES

C2C1C3C4C5C6C7C8C9SCHEDULE 4Powers in relation to, and for, statutory undertakers

Annotations:
Modifications etc. (not altering text)
C2

Sch. 4 applied (with modifications) (15.1.2012) by Localism Act 2011 (c. 20), ss. 208(4)(5), 240(1)(l)

C1

Sch. 4 applied (with modifications) by 1999 c. 29, s. 333ZB(3)(4) (as inserted (15.1.2012) by Localism Act 2011 (c. 20), ss. 187(3), 240(2); S.I. 2012/57, art. 4(1)(w) (with arts. 6, 7, 9-11))

Part 4Relieving undertakers of obligations

Duty to consider objections

I130

1

The appropriate Minister must proceed under paragraph 31 if—

a

an objection to the making of an order is properly made and not withdrawn, and

b

the matter is not otherwise dealt with.

2

For the purposes of sub-paragraph (1) an objection is properly made if (and only if)—

a

it is made—

i

within the time, and

ii

in the manner,

stated in the notice under paragraph 29(2), and

b

a written statement of the grounds of the objection is comprised in, or submitted with, the objection.

3

For the purposes of sub-paragraph (1) the matter is otherwise dealt with if (and only if) the appropriate Minister—

a

decides, irrespective of the objection, not to make the order, or

b

decides to make a modification which is agreed to by the objector as meeting the objection.

I231

1

The appropriate Minister must, before making a final decision, consider the grounds of the objection as set out in the statement comprised in, or submitted with, the objection.

2

The appropriate Minister may require the objector to submit within a specified period a further written statement as to any of the matters to which the objection relates.