SCHEDULES

C1SCHEDULE 1 Purchases by Ministers

Annotations:
Modifications etc. (not altering text)

Making of order

F1F24AA

1

The Minister may make a compulsory purchase order conditionally.

2

The effect of making an order conditionally is that the order—

a

does not become operative until the Minister has decided, following consideration by the appropriate authority (see paragraph 4(8)), that certain conditions have been met, and

b

expires if the Minister has not decided that by a certain time.

3

The conditions and the time are to be specified by the Minister when making the order.

4

The procedure to be followed in connection with the consideration and decision referred to in sub-paragraph (2)(a) is to be prescribed.

5

The prescribed procedure must include provision for each relevant objector—

a

to be given notice that the appropriate authority is to consider whether the conditions have been met (or for steps to be taken with a view to notifying them), and

b

to have the opportunity to make written representations relating to that consideration;

and may include provision as to the giving of reasons for the decision by the Minister.

6

In sub-paragraph (5), “relevant objector” means a person who made an objection to the draft order that—

a

was a remaining objection for the purposes of paragraph 4A, and

b

had not been withdrawn by the time the order was made.