SCHEDULES
SCHEDULE 6Orders under sections 39 and 41
Part 1Orders under section 39 and land orders
Objections to a proposed order
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1
This paragraph applies if a person served with a notice under paragraph 1 or 2 makes an objection, which has not been withdrawn, in accordance with the notice.
2
Before making the relevant order, the Secretary of State must either—
a
cause a public local inquiry to be held, or
b
give the person who made the objection the opportunity to appear before and be heard by a person appointed by the Secretary of State for that purpose.
3
The Secretary of State may make the relevant order if he or she thinks it appropriate to do so after considering—
a
the objection, and
b
the report of the person holding the inquiry or the person appointed under sub-paragraph (2)(b) (as the case may be).
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If—
a
no person served with a notice under paragraph 1 or 2 makes an objection in accordance with the notice, or
b
any such objections are withdrawn,
the Secretary of State may make the relevant order.
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Despite paragraphs 3 and 4, the Secretary of State—
a
may require a person to provide that person's objections to a proposed order in writing;
b
may disregard a person's objections for the purposes of paragraphs 3 and 4 if satisfied that the objections relate exclusively to matters that can be dealt with by the tribunal by whom compensation is to be assessed.