Version Superseded: 12/01/2010
Point in time view as at 01/04/2002.
Wildlife and Countryside Act 1981, Cross Heading: Restriction on power to make orders with modifications is up to date with all changes known to be in force on or before 08 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
5(1)The Secretary of State shall not make an order with modifications so as—
(a)to affect land not affected by the draft order; or
(b)to authorise the making of any byelaw not authorised by the draft order,
except after complying with the requirements of sub-paragraph (2).
(2)The said requirements are that the Secretary of State shall—
(a)give such notice as appears to him requisite of his proposal so to modify the order, specifying the time (which shall not be less than 28 days from the date of the first publication of the notice) within which, and the manner in which, representations or objections with respect to the proposal may be made;
(b)hold a local inquiry or afford any person by whom any representation or objection has been duly made and not withdrawn an opportunity of being heard by a person appointed by the Secretary of State for the purpose; and
(c)consider the report of the person appointed to hold the inquiry or to hear representations or objections.
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