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Wildlife and Countryside Act 1981
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Changes over time for: Section 26
Version Superseded: 29/06/2011
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Point in time view as at 01/10/2004. There are multiple versions of this provision on screen. These apply to different geographical extents. This version of this provision has been superseded.
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Wildlife and Countryside Act 1981, Section 26 is up to date with all changes known to be in force on or before 22 December 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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26 Regulations, orders, notices etc.E+W
(1)Any power to make regulations or orders under this Part shall be exercisable by statutory instrument.
(2)A statutory instrument containing regulations under this Part, or an order under a provision of this Part other than sections 2(6), 3, 5 and 11, shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(3)No order under section 5 or 11 shall be made unless a draft of the order has been laid before and approved by a resolution of each House of Parliament.
(4)Before making any order under this Part, the Secretary of State—
(a)except in the case of an order under section 2(6), shall give to any local authority affected and, except in the case of an order under section 3, any other person affected, by such means as he may think appropriate, an opportunity to submit objections or representations with respect to the subject matter of the order;
(b)except in the case of an order under section 22(3), shall consult with whichever one of the advisory bodies he considers is best able to advise him as to whether the order should be made; and
(c)may, if he thinks fit, cause a public inquiry to be held.
(5)Notice of the making of an order under this Part shall be published by the Secretary of State—
(a)if the order relates in whole or in part to England and Wales, in the London Gazette; and
(b)if the order relates in whole or in part to Scotland, in the Edinburgh Gazette.
(6)The Secretary of State shall give consideration to any proposals for the making by him of an order under this Part with respect to any area which may be submitted to him by a local authority whose area includes that area.
Extent Information
E1This version of this provision extends to England and Wales only; a separate version has been created for Scotland only
26 Regulations, orders, notices etc.S
(1)Any power to make regulations or orders under this Part shall be exercisable by statutory instrument.
(2)A statutory instrument containing regulations under this Part, or an order under a provision of this Part other than sections 2(6), 3, 5 and [F111(4)] , shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(3)No order under section 5 or [F111(4)] shall be made unless a draft of the order has been laid before and approved by a resolution of each House of Parliament.
(4)Before making any order under this Part, the Secretary of State—
(a)except in the case of an order under section 2(6), shall give to any local authority affected and, except in the case of an order under section 3, any other person affected, by such means as he may think appropriate, an opportunity to submit objections or representations with respect to the subject matter of the order;
(b)except in the case of an order under section [F222] , shall consult with whichever one of the advisory bodies he considers is best able to advise him as to whether the order should be made; and
(c)may, if he thinks fit, cause a public inquiry to be held.
(5)Notice of the making of an order under this Part shall be published by the Secretary of State—
(a)if the order relates in whole or in part to England and Wales, in the London Gazette; and
(b)if the order relates in whole or in part to Scotland, in the Edinburgh Gazette.
(6)The Secretary of State shall give consideration to any proposals for the making by him of an order under this Part with respect to any area which may be submitted to him by a local authority whose area includes that area.
Extent Information
E2This version of this provision extends to Scotland only; a separate version has been created for England and Wales only
Textual Amendments
F1Word in s. 26(2)(3) substituted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 21(a); S.S.I. 2004/407, art. 2
F2Word in s. 26(4)(b) substituted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 21(b); S.S.I. 2004/407, art. 2
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