SCHEDULES

SCHEDULE 6U.K.Orders under sections 39 and 41

Part 1 U.K.Orders under section 39 and land orders

Objections to a proposed orderU.K.

3(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paragraph applies if a person served with a notice under paragraph 1 or 2 makes an objection, which has not been withdrawn, in accordance with the notice.U.K.

(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).

4U.K.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(b)any such objections are withdrawn,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.

Commencement Information

I2Sch. 6 para. 4 in force at 29.7.2021 by S.I. 2021/817, reg. 2, Sch. para. 110 (with reg. 3)

5U.K.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.

Commencement Information

I3Sch. 6 para. 5 in force at 29.7.2021 by S.I. 2021/817, reg. 2, Sch. para. 110 (with reg. 3)