2(1)The appropriate Minister shall, after consultation with such local authorities and other public bodies as appear to him to have an interest in the matter, publish notice of his proposals to establish a Rural Development Board, and of the Board’s proposed area, in two successive weeks in one or more local newspapers circulating in that area.E+W+S
(2)The notice shall—
(a)name one or more places in or near the proposed area where copies of a draft of the order (including the map) may be inspected,
(b)describe, with such degree of detail as is reasonable in a notice published in a newspaper, the boundaries of the proposed area, and
(c)draw attention to the provisions of this Schedule authorising the making of objections, and specify the time (not being less than twenty-eight days from the first publication of the notice) within which and the manner in which objections can be made.
3E+W+SThe grounds on which an objection may be made shall be—
(a)that a proposed boundary ought to be altered so as to exclude part of the proposed area on the ground that there are no problems or needs of the kind described in section 45 of this Act in that part of the area, and that there are no other considerations which justify the inclusion of that part,
(b)that a proposed boundary ought to be altered by including an additional area on the ground that there are in it problems or needs of the kind described in section 45 of this Act, or that there are other considerations which justify the inclusion of that additional area,
(c)that a proposed boundary ought to be altered (whether bringing land in or taking it out or both) so as better to conform to natural conformations, features and boundaries,
(d)that land within the proposed area and contiguous to a proposed boundary of that area ought to be excluded because not forming a natural part of a tract of agricultural or forestry land or of land suitable for agricultural or forestry purposes, or that land outside the proposed area and contiguous to a proposed boundary of the area ought to be included for the converse reasons,
(e)that a proposed boundary divides an agricultural unit or other land in one ownership or one occupation,
(f)that a proposed boundary should be adjusted so that land over which access is required to land included in the proposed area is also within the proposed area.
4(1)If no objection is duly made or if all objections so made are withdrawn, the appropriate Minister may make the proposed order in the form proposed.E+W+S
(2)If any objection duly made is not withdrawn the Minister shall either cause a public local inquiry to be held or afford to any person by whom any objection has been duly made and not withdrawn an opportunity of appearing before and being heard by a person appointed by the appropriate Minister for the purpose.
(3)If any person by whom an objection has been made avails himself of the opportunity of being heard the appropriate Minister shall afford to any other persons to whom it appears to him expedient to afford it an opportunity of being heard on the same occasion.
(4)After considering any objections duly made and not withdrawn, and the report of the person who held the inquiry or hearing under this paragraph, the appropriate Minister may proceed to make the proposed order and, subject to the following provisions of this paragraph, may make it with such modifications as appear to him expedient.
(5)Except where the appropriate Minister is satisfied that on the inquiry or hearing all persons who might reasonably be expected to require an opportunity of making an objection to the modification have had sufficient notice of the possibility of the modification being made, and of objecting to it, the appropriate Minister shall not make the order with the modification until he has taken such steps as appear to him appropriate for bringing the modification to the notice of those persons and affording them an opportunity of making the objections, and appearing at a local inquiry or hearing, which they would have had if the original proposal had incorporated the modification.
(6)The decision of the appropriate Minister on the question whether an objection falls within paragraph 3 of this Schedule shall be conclusive but he shall give a written notice to the objector of any adverse decision stating the reasons for his decision.
5E+W+SAs soon as may be after the appropriate Minister has made the order the appropriate Minister shall publish in one or more local newspapers circulating in or near the area specified in the order a notice describing the area, stating that the order has been made and naming a place where a copy of the order (including the map) may be inspected at all reasonable hours.
6(1)The appropriate Minister may by order by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament—E+W+S
(a)vary a Board’s area, or
(b)dissolve a Board.
(2)Before making an order under sub-paragraph (1)(a) above the Minister shall comply with the procedure in paragraphs 2 to 5 above, but as if in paragraphs 2 and 3 for references to the proposed boundary of the area there were substituted references to the parts of the boundary as proposed to be altered, and with any other necessary modifications.
(3)An order under sub-paragraph (1)(b) above may contain such consequential and incidental provisions as appear to the Minister expedient, including provisions for the disposal of the property of the dissolved Board, and transitional provisions in respect of anything done by the Board before its dissolution.
[F16A(1)Part IV of the Acquisition of Land Act 1981 shall with the necessary modifications (and in particular with the substitution for references to that Act of references to this Act) apply in relation to an order made under this Schedule as the said Part IV applies in relation to compulsory purchase orders.E+W+S
(2)Section 6 of the Acquisition of Land Act 1981 shall apply in relation to notices required or authorised to be served by the appropriate Minister under this Schedule with the appropriate modifications, and in particular with the substitution of the appropriate Minister for the Minister mentioned in the said section 6(4).
(3)Subsections (2) to (5) of section 250 of the Local Government Act 1972 shall apply to a public local inquiry held in pursuance of this Schedule as if the Minister there mentioned were the appropriate Minister]
Textual Amendments
7(1)Paragraphs 15 and 16 of Schedule 1 to the [F2M1Acquisition of Land (Authorisation Procedure) Act 1946 or, as the case may be], to the M2Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 (validity of compulsory purchase orders) shall with the necessary modifications (and in particular with the substitution for references to that Act and that Schedule, other than references to particular provisions of that Act or Schedule, of references to this Act and this Schedule) apply in relation to an order made under this Schedule as they apply in relation to compulsory purchase orders.E+W+S
[F3(2)Paragraph 19 of the said Schedule shall apply in relation to notices required or authorised to be served by the appropriate Minister under this Schedule with the necessary modifications, and in particular with the substitution of the appropriate Minister for the Minister mentioned in the said paragraph 19(4).]
(3)[F4[F5Subsections (2) to (5) of section 250 of the M3Local Government Act 1972] (giving of evidence and costs in public local inquiries)], and [F6subsections (4) to (8) of section 210 of the M4Local Government (Scotland) Act 1973] (provisions as to local inquiries) shall apply to a public local inquiry held in pursuance of this Schedule, as if the Minister there mentioned were the appropriate Minister.
Textual Amendments
F2Words repealed (E.W.) by Acquisition of Land Act 1981 (c. 67, SIF 28:1), s. 34, Sch. 6 Pt. I
F3Sch. 5 Pt.I para. 7(2) repealed (E.W.) by Acquisition of Land Act 1981 (c. 67, SIF 28:1), s. 34, Sch. 6 Pt. I
F4Words repealed (E.W.) by Acquisition of Land Act 1981 (c. 67, SIF 28:1), s. 34, Sch. 6 Pt. I
F5Words substituted by virtue of Local Government Act 1972 (c. 70), s. 272(2)
F6Words substituted by virtue of Local Government (Scotland) Act 1973 (c. 65), s. 237(2)
Marginal Citations