SCHEDULES
C1SCHEDULE 1 Purchases by Ministers
Making of order
F14A
1
This paragraph applies to the making of a compulsory purchase order if a relevant objection is made which is neither—
a
withdrawn, nor
b
disregarded,
(a remaining objection).
2
The appropriate authority may proceed under the written representations procedure—
a
if the order is not subject to special parliamentary procedure;
b
in the case of an order to which section 16 applies, if a certificate has been given under subsection (2) of that section, and
c
if every person who has made a remaining objection consents in the prescribed manner.
3
If sub-paragraph (2) does not apply or if the appropriate authority decides not to proceed under that sub-paragraph, it must either—
a
cause a public local inquiry to be held, or
b
give every person who has made a remaining objection an opportunity of appearing before and being heard by a person appointed by the appropriate authority for the purpose.
4
If a person who has made a remaining objection takes the opportunity to appear before a person appointed under sub-paragraph (3)(b) the appropriate authority must give any other person it thinks appropriate the opportunity to be heard at the same time.
5
The Minister may make the order with or without modifications if—
a
the appropriate authority has considered the objection, and
b
one of the conditions in sub-paragraph (6) is satisfied.
6
The conditions are—
a
the appropriate authority has followed the written representations procedure;
b
in a case which falls within sub-paragraph (3), if an inquiry was held or a person was appointed under sub-paragraph (3)(b), the appropriate authority has considered the report of the person who held the inquiry or who was so appointed.
7
The written representations procedure is such procedure as is prescribed for the purposes of this paragraph including provision affording an opportunity to—
a
every person who has made a remaining objection, and
b
any other person the appropriate authority thinks appropriate,
to make written representations as to whether the order should be made.
8
Regulations under sub-paragraph (7) may make provision as to the giving of reasons for decisions taken in cases where the written representations procedure is followed.
9
Expressions used in this paragraph and in paragraph 4 must be construed in accordance with paragraph 4.
Sch. 1 restricted by 1975 c. 70, Sch. 4 para. 1(2)(a) (as substituted (1.4.2006) by The Welsh Development Agency (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3226), arts. 1(2), 7, Sch. 1 para. 33(1) (with art. 3(1)))