Search Legislation

Countryside and Rights of Way Act 2000

 Help about what version

What Version

 Help about advanced features

Advanced Features

 Help about opening options

Opening OptionsExpand opening options

Changes over time for: Paragraph 11

 Help about opening options

Version Superseded: 31/05/2005

Alternative versions:

Status:

Point in time view as at 01/04/2004.

Changes to legislation:

Countryside and Rights of Way Act 2000, Paragraph 11 is up to date with all changes known to be in force on or before 14 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. Help about Changes to Legislation

This section has no associated Explanatory Notes

11(1)Schedule 15 to that Act (procedure in connection with certain orders) is amended as follows.E+W

(2)In paragraph 3, in sub-paragraph (1)(c) after “order” there is inserted “ , which must include particulars of the grounds relied on, ”.

(3)In sub-paragraph (9) of that paragraph—

(a)after “sub-paragraph” there is inserted “ (1)(c) or ”, and

(b)after “limiting” there is inserted “ the grounds which may be relied on or ”.

(4)In paragraph 7, in sub-paragraph (2) after “shall” there is inserted “ , subject to sub-paragraph (2A), ”.

(5)After sub-paragraph (2) of that paragraph there is inserted—

(2A)The Secretary of State may, but need not, act as mentioned in sub-paragraph (2)(a) or (b) if, in his opinion, no representation or objection which has been duly made and not withdrawn relates to an issue which would be relevant in determining whether or not to confirm the order, either with or without modifications.

(6)In sub-paragraph (3) of that paragraph, for “the person appointed to hold the inquiry” there is substituted “ any person appointed to hold an inquiry ”.

(7)In paragraph 8—

(a)in sub-paragraph (2)(a) after “the proposal” there is inserted “ , which must include particulars of the grounds relied on, ”,

(b)for sub-paragraph (2)(b) and (c) there is substituted—

(b)if any representation or objection duly made is not withdrawn (but subject to sub-paragraph (3)), hold a local inquiry or afford any person by whom any such representation or objection has been made an opportunity of being heard by a person appointed by the Secretary of State for the purpose; and

(c)consider the report of any person appointed to hold an inquiry or to hear representations or objections.

(3)The Secretary of State may, but need not, act as mentioned in sub-paragraph (2)(b) if, in his opinion, no representation or objection which has been duly made and not withdrawn relates to an issue which would be relevant in determining whether or not to confirm the order in accordance with his proposal.

(4)Sub-paragraph (2)(a) shall not be construed as limiting the grounds which may be relied on at any local inquiry or hearing held under this paragraph.

(8)Paragraph 9 is omitted and after paragraph 10 there is inserted—

Hearings and local inquiriesE+W

10A(1)Subject to sub-paragraph (2), subsections (2) to (5) of section 250 of the M1Local Government Act 1972 (giving of evidence at, and defraying of costs of, inquiries) shall apply in relation to any hearing or local inquiry held under paragraph 7 or 8 as they apply in relation to a local inquiry which a Minister causes to be held under subsection (1) of that section.

(2)In its application to a hearing or inquiry held under paragraph 7 or 8 by a person appointed under paragraph 10(1), subsection (5) of that section shall have effect as if the reference to the Minister causing the inquiry to be held were a reference to the person so appointed or the Secretary of State.

(3)Section 322A of the M2Town and Country Planning Act 1990 (orders as to costs where no hearing or inquiry takes place) shall apply in relation to a hearing or local inquiry under paragraph 7 or 8 as it applies in relation to a hearing or local inquiry for the purposes referred to in that section.

Commencement Information

I1Sch. 5 para. 11 in force at 13.2.2004 for E. by S.I. 2004/292, art. 2(d)(iii) (with art. 3(1))

Marginal Citations

Back to top

Options/Help

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?