Duty to give opportunity to appearE+W
23(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.E+W
(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.
Commencement Information
I1Sch. 4 para. 23 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(g) (with arts. 6-13)