SCHEDULES

C2C1C3SCHEDULE 4Powers in relation to, and for, statutory undertakers

Annotations:
Modifications etc. (not altering text)
C2

Sch. 4 applied (with modifications) (15.1.2012) by Localism Act 2011 (c. 20), ss. 208(4)(5), 240(1)(l)

C1

Sch. 4 applied (with modifications) by 1999 c. 29, s. 333ZB(3)(4) (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))

C3Part 3Extension or modification of functions of undertakers

Duty to give opportunity to appear

I123

1

The Secretary of State and the appropriate Minister 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 and the appropriate Minister.

2

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

a

the statutory undertakers or (as the case may be) the HCA as a result of whose representations the order is proposed to be made, and

b

any other persons whom the Secretary of State and the appropriate Minister consider ought to be given the opportunity,

if the objector takes advantage of the opportunity mentioned in sub-paragraph (1).

3

Sub-paragraphs (1) and (2) do not apply so far as the Secretary of State and the appropriate Minister have the power to proceed under paragraph 24 or 25.