Deer (Scotland) Act 1996

Part II Procedure for varying or revoking control schemes

5 On the application of the Commission, the Secretary of State may make a scheme varying a control scheme or may revoke a control scheme.

6 Before making any such variation or revocation the Secretary of State shall—

(a) serve on every owner and every occupier of land on whom the control scheme has imposed any requirement or would, if varied as proposed, impose any requirement—

(i) a draft of the scheme varying the control scheme or, as the case may be, an intimation of the proposed revocation, together with

(ii) a notice stating that any such owner or occupier may, within twenty-eight days of the service of the draft scheme or the intimation, as the case may be, object to the Secretary of State in such a manner as may be specified in the notice to the variation or revocation of the control scheme; and

(b) publish in two successive weeks in the Edinburgh Gazette and in one or more newspapers circulating in the district in which the control area is situated a notice—

(i) stating that the control scheme is to be varied or revoked, and

(ii) stating that any person may, within twenty-eight days of the first publication of such notice, object in such manner as may be specified in the notice to the making of the variation or revocation, and

(iii) naming, in the case of any such variation, a place within the district where a copy of the scheme as proposed to be varied and any map referred to in it may be inspected at all reasonable hours.

7 If no objection is duly made under paragraph 6 above or if all objections so made are withdrawn, the Secretary of State may vary or revoke the control scheme, as the case may be.

8 If any objection duly made under paragraph 6 above is not withdrawn, the Secretary of State shall, before deciding whether to make the variation or revocation as the case may be, cause a public inquiry to be held, and after considering the objection and the report of the person who held the inquiry may make the variation, either in the form of the draft or with modifications, or the revocation, as the case may be.

9 A variation of a control scheme shall not be made with any modification unless either—

(a) every—

(i) person served with a copy of the draft scheme by virtue of paragraph 6 above has been served with notice of the proposal to make the modification, and

(ii) other person on whom the modification, if made, would impose a requirement has been served with a notice of the proposal to make the modification along with a copy of the said draft scheme,

and either has consented to it or has not, before the expiry of fourteen days from the service of the notice, notified the Secretary of State in writing that he objects to it; or

(b) the modification arises from representations made at an inquiry held under paragraph 8 above or from the findings or recommendations of the person holding that inquiry, and every person in respect of whom the modification, if made, would vary or impose a requirement has been served with a copy of the draft scheme as mentioned in sub-paragraph (a) above and been afforded an opportunity to appear and be heard at the inquiry.