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SCHEDULES

SCHEDULE 4E+WPowers in relation to, and for, statutory undertakers

Modifications etc. (not altering text)

C1Sch. 4 applied (with modifications) (15.1.2012) by Localism Act 2011 (c. 20), ss. 208(4)(5), 240(1)(l)

C2Sch. 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 4E+WRelieving undertakers of obligations

Duty to consider objectionsE+W

30(1)The appropriate Minister must proceed under paragraph 31 if—E+W

(a)an objection to the making of an order is properly made and not withdrawn, and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.

Commencement Information

I1Sch. 4 para. 30 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(g) (with arts. 6-13)

31(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.E+W

(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.

Commencement Information

I2Sch. 4 para. 31 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(g) (with arts. 6-13)