SCHEDULE 1 Purchases by Ministers
Making of order
4
F1(1)
If no objection is duly made by any such owner, lessee or occupier as is mentioned in paragraph 3 above, or if all objections so made are withdrawn, the Minister, upon being satisfied that the proper notices have been published and served, may, if he thinks fit, make the order with or without modifications.
(2)
If any objection made as aforesaid is not withdrawn, then, before the Minister makes the order—
(a)
in the case of an order proposed to be made in the exercise of highway land acquisition powers, the Minister and the planning Minister acting jointly,
(b)
in any other case, 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a public local inquiry to be held or afford to any person by whom any objection has been duly made as aforesaid and not withdrawn an opportunity of appearing before and being heard by a person appointed by them or him for the purpose.
(3)
After the objection and the report of the person who held the inquiry or the person appointed as aforesaid have been considered—
(a)
in the case of an order proposed to be made in the exercise of highway land acquisition powers, by the Minister and the planning Minister acting jointly,
(b)
in any other case, by the Minister,
the Minister may make the order either with or without modifications.
(4)
If any person by whom an objection has been made avails himself of the opportunity of being heard, the Minister and the planning Minister acting jointly or, as the case may be, the Minister shall afford to any persons to whom it appears to them or him expedient to afford it an opportunity of being heard on the same occasion.
(5)
Notwithstanding anything in sub-paragraphs (2) and (4) above, the Minister and the planning Minister acting jointly or, as the case may be, the Minister may require any person who has made an objection to state in writing the grounds thereof, and may, if satisfied that the objection relates exclusively to matters which can be dealt with by the tribunal by whom the compensation is assessed, disregard the objection for the purposes of this paragraph.
(6)
In this paragraph “highway land acquisition powers” has the meaning given by section 250(1) of the M1Highways Act 1980 and “the planning Minister” means the Secretary of State for the time being having general responsibility in planning matters in relation to England or Wales, as the case may be.
F1(1)
The Minister may make a compulsory purchase order with or without modifications if he is satisfied—
(a)
that the notice requirements have been complied with, and
(b)
that one of the conditions in sub-paragraph (2) is satisfied.
(2)
The conditions are—
(a)
no relevant objection is made;
(b)
every relevant objection made is either withdrawn or disregarded.
(3)
The appropriate authority may require every person who makes a relevant objection to state the grounds of the objection in writing.
(4)
If the appropriate authority is satisfied that an objection relates exclusively to matters which can be dealt with by the tribunal by whom the compensation is to be assessed it may disregard the objection.
(5)
The notice requirements are the requirements under paragraphs 2 and 3 to publish, affix and serve notices in connection with the compulsory purchase order.
(6)
A relevant objection is an objection by a person who is a qualifying person for the purposes of paragraph 3(2), but if such a person qualifies only by virtue of paragraph 3(2A)(b) and the Minister thinks that he is not likely to be entitled to make a relevant claim his objection is not a relevant objection.
(7)
Disregarded means disregarded under sub-paragraph (4) or under any other power to disregard a relevant objection contained in the enactment providing for the compulsory purchase.
(8)
The appropriate authority is—
(a)
in the case of an order proposed to be made in the exercise of highway land acquisition powers, the Minister and the planning Minister acting jointly,
(b)
in any other case, the Minister.
(9)
Highway land acquisition powers must be construed in accordance with the Highways Act 1980.
(10)
The planning Minister is the Secretary of State for the time being having general responsibility in planning matters.