Modifications etc. (not altering text)
C1Pts. 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
C2Parts 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)The confirming authority may confirm an order (with or without modifications) so far as it relates to part of the land comprised in the order (the βrelevant partβ) if each of the conditions in subsection (2) is met.
(2)The conditions areβ
(a)the confirming authority is satisfied that the order ought to be confirmed so far as it relates to the relevant part but has not for the time being determined whether the order ought to be confirmed so far as it relates to the remaining part;
(b)the confirming authority is satisfied that the notice requirements have been complied with.
(3)If there is a remaining objection in respect of the order, the confirming authority may only act under subsection (1) after complying with section 13A(2) or (3) (as the case may be).
(4)But it may act under subsection (1) without complying with those provisions if it is satisfied that all remaining objections relate solely to the remaining part of the land.
(5)If the confirming authority acts under subsection (1)β
(a)it 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 section 15 must include a statement as to the effect of the direction given under subsection (5)(a).
(7)Notice requirements must be construed in accordance with section 13.
(8)Remaining objection must be construed in accordance with section 13A.]
Textual Amendments
F1Ss. 13-13C substituted for s. 13 (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. 100(6) (with s. 100(8)); S.I. 2004/2097, art. 2; S.I. 2004/2593, art. 2(a)