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Housing and Regeneration Act 2008, Cross Heading: Duty to consider objections is up to date with all changes known to be in force on or before 07 November 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.
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5(1)The Secretary of State must proceed under paragraph 6 if—E+W
(a)an objection to a proposal to make an order is properly made and not withdrawn, and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.
Commencement Information
I1Sch. 3 para. 5 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(f) (with arts. 6-13)
6(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.E+W
(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.
Commencement Information
I2Sch. 3 para. 6 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(f) (with arts. 6-13)
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