[F13(1)Where an application for an order is made, the Secretary of State may make the order either in the form of the draft or in that form as altered in such manner as he thinks fit.E+W
(2)Where the Secretary of State—
(a)proposes to make any alteration of an order before making it; and
(b)considers that any persons are likely to be adversely affected by it,
the Agency shall give and publish such additional notices, in such manner, as the Secretary of State may require.
(3)Sub-paragraph (4) below shall apply if before the end of—
(a)the period of twenty-eight days referred to in sub-paragraph (2)(b) of paragraph 1 above;
(b)the period of twenty-five days from the publication in the London Gazette of the notice under sub-paragraph (5) of that paragraph; or
(c)any period specified in notices under sub-paragraph (2) above,
notice of an objection is received by the Secretary of State from any person on whom a notice is required by this Schedule to be served, from any other person appearing to the Secretary of State to be affected by the order (either as prepared in draft or as proposed to be altered) or, in a case where the Secretary of State directed the Agency to apply for the order, from the Agency.
(4)Where this sub-paragraph applies and the objection in question is not withdrawn, the Secretary of State, before making the order, may take such steps as he sees fit and, in particular, may—
(a)cause a local inquiry to be held; or
(b)afford to the objector and to the Agency an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for the purpose.
(5)Where—
(a)the order (whether as prepared in draft or as proposed to be altered) relates to any tidal water situated in Wales (or in an area of the sea adjoining either the coast of Wales or an area of sea forming part of Wales); and
(b)no navigation authority, harbour authority or conservancy authority has functions in relation to that tidal water,
the Secretary of State shall not make the order except with the approval of the Secretary of State for Transport.]
Textual Amendments
F1Sch. 6 substituted (1.4.2004) by Water Act 2003 (c. 37), s. 105(3), Sch. 7 para. 14; S.I. 2004/641, art. 3(y), Sch. 2 (with Sch. 3 para. 7)