New Towns Act 1981

Sections 23 and 31.

SCHEDULE 8 E+W Procedure for Dealing with Objections to Orders Under sections 23, 28 and 30

1 E+W In this Schedule, “the relevant Minister” means—

(a) in relation to an order under section 23 above, the Secretary of State,

(b) in relation to an order under section 28 above, the Secretary of State and the appropriate Minister,

(c) in relation to an order under section 30 above, the appropriate Minister,

and any reference to making a final decision, in relation to an order, is a reference to deciding whether to make the order or what modification, if any, ought to be made.

2 E+W Unless the relevant Minister decides apart from the objection not to make the order, or decides to make a modification which is agreed to by the objector as meeting the objection, the relevant Minister—

(a) shall, before making a final decision, consider the grounds of the objection as set out in the statement comprised in or submitted with the objection, and

(b) may. if he thinks fit, require the objector to submit within a specified period a further statement in writing as to any of the matters to which the objection relates.

3 E+W In so far as the relevant Minister, after considering the grounds of the objection as set out in the original statement and in any such further statement, is satisfied that the objection relates to a matter which can be dealt with in the assessment of compensation, the relevant Minister may treat the objection as irrelevant for the purpose of making a final decision.

4 E+W If—

(a) after considering the grounds of the objection as set out in the original statement and in any such further statement, the relevant Minister is satisfied that, for the purpose of making a final decision, he is sufficiently informed as to the matters to which the objection relates, or

(b) where a further statement has been required, it is not submitted within the specified period,

the relevant Minister may make a final decision without further investigation as to those matters.

5 E+W Subject to paragraphs 3 and 4 above, the relevant Minister—

(a) shall, before making a final decision, afford to the objector an opportunity of appearing before, and being heard by, a person appointed for the purpose by the relevant Minister; and

(b) shall, if the objector avails himself of that opportunity, afford an opportunity of appearing and being heard on the same occasion—

(i) to the statutory undertakers, development corporation or other person, if any, on whose representation the order is proposed to be made; and

(ii) to any other persons to whom it appears to the relevant Minister to be expedient to afford such an opportunity.

6 (1) Notwithstanding anything in the foregoing provisions of this Schedule, if it appears to the relevant Minister that the matters to which the objection relates are such as to require investigation by public local inquiry before he makes a final decision, he shall cause such an inquiry to be held. E+W

(2) Where the relevant Minister determines to cause such an inquiry to be held, any of the requirements of those provisions to which effect has not been given at the time of that determination shall be dispensed with.