Roads (Scotland) Act 1984

3 (1) Where a representation is duly made as aforesaid and not withdrawn the following provisions of this paragraph shall have effect.

(2) Where the authority is not the Secretary of State, they shall forward the representation to him, together with their observations thereon and their proposals, in the light of the representation, for determining the question.

(3) The Secretary of State shall consider any representations received by him (and, where the authority is not tie Secretary of State, their observations and proposals forwarded to him as aforesaid) and shall either cause a local inquiry to be held or afford to any person by whom a representation has been duly made and not withdrawn and, where the authority is not the Secretary of State, to that authority, an opportunity of appearing before and being heard by a person appointed by the Secretary of State for the purpose.

(4) After the Secretary of State has considered the report of the person who held the inquiry under sub-paragraph (3) above, or of the person appointed under that sub-paragraph, as the case may be—

(a) the Secretary of State may, where he is the roads authority, proceed to determine the question;

(b) where he is not the roads authority, the authority may determine the question in the affirmative if the Secretary of State consents, but not otherwise, and subject to compliance with any conditions subject to which his consent is given.

(5) Notwithstanding anything in sub-paragraph (3) above, except where a representation is made by a roads authority other than the Secretary of State, the Secretary of State may, if satisfied that in the special circumstances of the case the holding of a local inquiry or the affording to the person making such representation as aforesaid of an opportunity to be heard by a person appointed by the Secretary of State is unnecessary, proceed without compliance with the provisions of the said sub-paragraph (3).

(6) As soon as may be after the determination of the question* a notice of the determination shall be sent by the Secretary of State to any person by whom a representation has been made under the foregoing provisions of this Schedule.

(7) Subsections (2) to (8) of section 210 of the [1973 c. 65.] Local Government (Scotland) Act 1973 (procedure for holding local inquiries) shall apply to a local inquiry held under sub-paragraph (3) above as they apply to the inquiries mentioned in subsection (1) of the said section 210.