SCHEDULES

C2C1SCHEDULE 3Main powers in relation to F1land acquired by the HCA

Annotations:
Amendments (Textual)
F1

Words in Sch. 3 title substituted (12.4.2015) by Infrastructure Act 2015 (c. 7), ss. 32(3), 57(5)(e) (with s. 32(11)(12))

Modifications etc. (not altering text)
C2

Sch. 3 applied by 2011 c. 20, s. 208(1) (as substituted (13.7.2016) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 19 para. 17; S.I. 2016/733, reg. 3(m))

C1

Sch. 3 applied by 1999 c. 29, s. 333ZB(1) (as substituted (13.7.2016) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 19 para. 12(2); S.I. 2016/733, reg. 3(m) (with reg. 10))

Part 2Powers to extinguish public rights of way

Duty to consider objections

I15

1

The Secretary of State must proceed under paragraph 6 if—

a

an objection to a proposal to make an order is properly made and not withdrawn, and

b

the matter is not otherwise dealt with.

2

For the purposes of sub-paragraph (1) an objection is properly made if (and only if)—

a

it is made—

i

within the time, and

ii

in the manner,

stated in the notice under paragraph 4, and

b

a written statement of the grounds of the objection is comprised in, or submitted with, the objection.

3

For the purposes of sub-paragraph (1) the matter is otherwise dealt with if (and only if) the Secretary of State—

a

decides, irrespective of the objection, not to make the order, or

b

decides to make a modification to the proposal which is agreed to by the objector as meeting the objection.

I26

1

The Secretary of State must, before making a final decision, consider the grounds of the objection as set out in the statement comprised in, or submitted with, the objection.

2

The Secretary of State may require the objector to submit within a particular period a further written statement as to any of the matters to which the objection relates.