Modifications etc. (not altering text)
C1Sch. 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)))
[F14B(1)The Minister may make an order (with or without modifications) so far as it relates to part of the land comprised in the draft order (the “relevant part”) if each of the conditions in sub-paragraph (2) is met.E+W
(2)The conditions are—
(a)the Minister or, if there is a remaining objection in respect of the order, the appropriate authority is satisfied that the order ought to be made so far as it relates to the relevant part but has not for the time being determined whether the order ought to be made so far as it relates to the remaining part;
(b)the Minister is satisfied that the notice requirements have been complied with.
(3)If there is a remaining objection in respect of the order, the Minister may only act under sub-paragraph (1) after the appropriate authority has complied with paragraph [F24A(2) or (3)] [F24A(1A) or (1B)] (as the case may be).
(4)But he may act under sub-paragraph (1) without the appropriate authority having complied with those provisions if he is satisfied that all remaining objections relate solely to the remaining part of the land.
(5)If the Minister acts under sub-paragraph (1)—
(a)he must give a direction postponing consideration of the order, so far as it relates to the remaining part, until such time as may be specified by or under the direction;
(b)the order so far as it relates to each part of the land must be treated as a separate order.
(6)The notices to be published, affixed and served under paragraph 6 must include a statement as to the effect of the direction given under sub-paragraph (5)(a).
(7)Expressions used in this paragraph and in paragraph 4 or 4A must be construed in accordance with paragraph 4 or 4A (as the case may be).]
Textual Amendments
F1Sch. 1 paras. 4-4B substituted for Sch. 1 para. 4 (6.8.2004 for specified purposes, 31.10.2004 in so far as not already in force) by Planning and Compulsory Purchase Act 2004 (c. 5), s. 101(4) (with s. 101(6)); S.I. 2004/2097, art. 2; S.I. 2004/2593, art. 2(a)
F2Words in Sch. 1 para. 4B(3) substituted (31.3.2024 for specified purposes) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(7), Sch. 19 para. 2(3) (with s. 247); S.I. 2024/389, reg. 2(t)