Modifications etc. (not altering text)
C1Parts II-IV applied (31.10.1994) by Opencast Coal Act 1958 c. 69, s. 16(4A) as substituted (31.10.1994) by 1994 c. 21, s. 52, Sch. 8 para. 14(5)(with s. 40(7)); S.I. 1994/2553, art. 2
Pt. II (ss. 10-15) restricted (E.) (4.1.2000) and (W.) (prosp.) by 1977 c. 49, Sch. 5A para. 19(3) (as inserted (E.) (4.1.2000) and (W.) (prosp.) by 1999 c. 8, ss. 2(2), 67(1), Sch. 1; S.I. 1999/2342, art. 2(3)(a), Sch. 2)
(1)If no objection is duly made by any such owner, lessee or occupier as is mentioned in section 12 above, or if all objections so made are withdrawn, the confirming authority, upon being satisfied that the proper notices have been published and served, may, if the confirming authority thinks fit, confirm the order with or without modifications.
(2)If any objection duly made as aforesaid is not withdrawn, the confirming authority shall, before confirming the order, either cause a public local inquiry to be held or afford to any person by whom any objection has been duly made as aforesaid and not withdrawn an opportunity of appearing before and being heard by a person appointed by the confirming authority for the purpose, and, after considering the objection and the report of the person who held the inquiry or the person appointed as aforesaid, may confirm the order either with or without modifications.
(3)If any person by whom an objection has been made avails himself of the opportunity of being heard, the confirming authority shall afford to the acquiring authority, and to any other persons to whom it appears to the confirming authority expedient to afford it, an opportunity of being heard on the same occasion.
(4)Notwithstanding anything in subsection (2) or (3) above, the confirming authority may require any person who has made an objection to state in writing the grounds thereof, and may disregard the objection for the purposes of this section if the confirming authority is satisfied that the objection relates exclusively to matters which can be dealt with by the tribunal by whom the compensation is to be assessed.
(5)This section has effect subject to section 31 below (joint confirmation by confirming authority and appropriate Minister).