SCHEDULES

C1C2SCHEDULE 3Main powers in relation to land of the HCA

Annotations:
Modifications etc. (not altering text)
C1

Sch. 3 applied (with modifications) (15.1.2012) by Localism Act 2011 (c. 20), ss. 208(1)-(3), 240(1)(l)

C2

Sch. 3 applied (with modifications) by 1999 c. 29, s. 333ZB(1) (as inserted (15.1.2012) by Localism Act 2011 (c. 20), ss. 187(3), 240(2); S.I. 2012/57, art. 4(1)(w) (with arts. 6, 7, 9-11))

Part 2Powers to extinguish public rights of way

Duty to give opportunity to appear

I17

1

The Secretary of State must, before making a final decision, give the objector an opportunity to appear before, and be heard by, a person appointed for the purpose by the Secretary of State.

2

Sub-paragraph (3) applies if the objector takes advantage of this opportunity.

3

The Secretary of State must give an opportunity of appearing and being heard on the same occasion as the objector to—

a

the HCA, and

b

any other persons whom the Secretary of State considers ought to be given the opportunity.

4

Sub-paragraphs (1) to (3) do not apply so far as the Secretary of State has the power to proceed under paragraph 8 or 9.