C4C5C7C6C2C3C1 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))
Pt. 2 incorporated (with modifications) (21.5.2020) by The Lake Lothing (Lowestoft) Third Crossing Order 2020 (S.I. 2020/474), arts. 1, 24 (with arts. 51, 57)
Pts. 2, 3 incorporated (with modifications) (29.10.2020) by The Southampton to London Pipeline Development Consent Order 2020 (S.I. 2020/1099), arts. 1, 22 (with art. 32, Sch. 9 para. 36)
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withdrawn, nor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).
F22
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.
F21A
The confirming authority must cause a public local inquiry to be held if—
a
the order is subject to special parliamentary procedure, or
b
in the case of an order to which section 16 applies, a certificate has been given under subsection (2) of that section.
1B
If subsection (1A) does not apply, the confirming authority must either—
a
cause a public local inquiry to be held, or
b
follow the representations procedure.
1C
In deciding between those options, the confirming authority must have regard to the scale and complexity of what is proposed by the order.
1D
The representations procedure is a procedure to be prescribed.
1E
The regulations prescribing the procedure must include—
a
provision enabling each person who has made a remaining objection to make representations—
i
in writing to the confirming authority, or
ii
if the person so requests, at a hearing, and
b
provision enabling the acquiring authority, and any other person the confirming authority thinks appropriate, to make representations—
i
in writing to the confirming authority, or
ii
if applicable, at a hearing held as mentioned in paragraph (a)(ii).
1F
The regulations may provide for hearings to be held by the confirming authority or by a person appointed by the confirming authority.
1G
In subsection (1E), “representations” means representations as to whether the order should be confirmed.
1H
Before confirming the order, the confirming authority must consider—
a
each remaining objection;
b
if a public local inquiry was held, the report of the person who held it;
c
if the representations procedure was followed and the confirming authority held a hearing, the representations made at the hearing;
d
if the representations procedure was followed and a person appointed by the confirming authority held a hearing, the report of that person;
e
if the representations procedure was followed and written representations were made, those representations.
1I
The confirming authority may confirm the order with or without modifications.
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