C2C3C4C5C1 Part II Purchases By Local And Other Authorities
Pt. 2 applied by 1975 c. 70, Sch. 4 para. 1(2)(b) (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)))
Pt. 2 restricted (1.3.2007) by National Health Service Act 2006 (c. 41), s. 277(1), Sch. 3 para. 22(3)
Pt. 2 restricted (coming into force in accordance with s. 208(4) of the amending Act) by National Health Service (Wales) Act 2006 (c. 42), s. 208(1), Sch. 2 para. 20(3) (with s. 19(3))
Parts 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)
Confirmation of order
13AF1Confirmation of order: remaining objections
1
This section applies to the confirmation of a compulsory purchase order if a relevant objection is made which is neither—
a
withdrawn, nor
b
disregarded,
(a remaining objection).
2
The confirming 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 subsection (2) does not apply or if the confirming authority decides not to proceed under that subsection, 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 confirming authority for the purpose.
4
If a person who has made a remaining objection takes the opportunity to appear before a person appointed under subsection (3)(b) the confirming authority must give the acquiring authority and any other person it thinks appropriate the opportunity to be heard at the same time.
5
The confirming authority may confirm the order with or without modifications if it has considered the objection and either —
a
it has followed the written representations procedure, or
b
in a case which falls within subsection (3), if an inquiry was held or a person was appointed under subsection (3)(b), it has considered the report of the person who held the inquiry or who was so appointed.
6
The written representations procedure is such procedure as is prescribed for the purposes of this section including provision affording an opportunity to—
a
every person who has made a remaining objection,
b
the acquiring authority, and
c
any other person the confirming authority thinks appropriate,
to make written representations as to whether the order should be confirmed.
7
Relevant objection and disregarded must be construed in accordance with section 13.
Pts. 2, 3 applied (with modifications) (28.1.2005) by The East Midlands Parkway Station (Land Acquisition) Order 2005 (S.I. 2005/8), arts. 1, 11