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Wildlife and Countryside Act 1981
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- UK Public General Acts
- 1981 c. 69
- SCHEDULE 11
- Opposed orders
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Changes over time for: Cross Heading: Opposed orders
Version Superseded: 29/11/2004
Alternative versions:
- 01/02/1991- Amendment
- 27/03/1998
Point in time - 29/11/2004- Amendment
- 29/06/2011- Amendment
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Point in time view as at 27/03/1998.
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Wildlife and Countryside Act 1981, Cross Heading: Opposed orders is up to date with all changes known to be in force on or before 14 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Opposed ordersE+W+S
4(1)If any representation or objection duly made with respect to an order is not withdrawn, then, as soon as practicable in the case of an order having immediate effect and before confirming an order requiring confirmation, the Secretary of State shall either—
(a)cause a local inquiry to be held; or
(b)afford any person by whom a representation or objection has been duly made and not withdrawn an opportunity of being heard by a person appointed by the Secretary of State for the purpose.
(2)On considering any representations or objections duly made and the report of any person appointed to hold the inquiry or to hear representations or objections, the Secretary of State—
(a)shall, if the order has already taken effect, decide either to take no action on the order or to make an order (subject, however, to paragraph 5) amending or revoking the order as the Secretary of State thinks appropriate in the light of the report, representations or objections, without consulting the relevant authority where that authority made the order; or
(b)if the order requires confirmation, may confirm it (with or without modifications).
(3)The provisions of subsections (2) to (5) of section 250 of the M1Local Government Act 1972 or subsections (4) to (8) of section 210 of the M2Local Government (Scotland) Act 1973 (which relate to the giving of evidence at, and defraying the cost of, local inquiries) shall apply in relation to any inquiry held under this paragraph as they apply in relation to a local inquiry which a Minister causes to be held under subsection (1) of that section.
(4)An amending or revoking order made by virtue of this paragraph shall take effect immediately, but it shall not require confirmation and no representation or objection with respect to it shall be entertained.
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