SCHEDULES

SIXTH SCHEDULE E+W+S Powers for Consequential Modification of Special Enactments, and for Savings as to Certain Protections and Consent Requirements

Part II E+W+S Procedure for making Orders under this Schedule

5 Where the Minister proposes to make an order under this Schedule, he shall prepare a draft of the order and shall publish in the [F1 London][F1 Edinburgh] Gazette, and in at least one newspaper circulating in the locality in relation to which the enactment in question has effect, a notice—

(a) stating the general effect of the proposed order;

(b) specifying a place in the said locality where a copy of the draft of the order may be inspected by any person free of charge at all reasonable hours or may be purchased by any person at a charge not exceeding [F2 5p]; and

(c) stating that any person may, by notice given to the Minister within three months from the date of the publication of the notice, object to the proposed order.

Textual Amendments

F1 Word “Edinburgh” substituted (S.) for word “London” by Roads (Scotland) Act 1984 (c. 54, SIF 108), Sch. 9 para. 39(38)(a)

F2 Words substituted by virtue of Decimal Currency Act 1969 (c. 19, SIF 10), s. 10(1)

6 Not later than the day on which the said notice is published, or, if it is published on two or more days, the day on which it is first published, the Minister shall furnish each of the parties specified in the Table set out at the end of this Schedule with a copy of the draft of the order.

7 If any objection to the proposed order is received by the Minister from any authority, body or person required to be furnished with a copy of the draft of the order within three months from the date of their or his being furnished therewith, or is received by the Minister from any other person appearing to him to be affected within three months from the day on which the notice of the proposed order is published, or, if it is published on two or more days, from the later or latest of them, and the objection is not withdrawn, he shall cause a local inquiry to be held:

Provided that, in the case of an objection made otherwise than by an authority, body or person required to be furnished with a copy of the draft of the order, the Minister may dispense with such an inquiry if he is satisfied that it is unnecessary.

[F3 8 [F4 Subsections (2) to (5) of section 250 of the M1 Local Government Act 1972] (which relate to the giving of evidence at, and defraying of costs of, inquiries) shall apply in relation to a local inquiry held under the last preceding paragraph as they apply in relation to inquiries held under that section:

Provided that subsection (4) of that section (which requires the sosts of the department holding the inquiry to be defrayed by the parties thereto) shall not apply in so far as the Minister is of opinion, having regard to the object and result of the inquiry, that the Minister’s costs should be defrayed by him.]

Textual Amendments

F3 Sch. 6 para. 8 repealed (S.) by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(3), Schs. 10, 11

F4 Words substituted by virtue of Local Government Act 1972 (c. 70, SIF 81:1), s. 272(2)

Marginal Citations

M1 1972 c. 70(81:1).

9 After considering any objections to the order which are not withdrawn, and, where a local inquiry is held, the report of the person who held the inquiry, the Minister may make the order either without modification or subject to such modifications as he thinks fit.

10 If any objection is duly made by any authority, body or person required to be furnished with a copy of the draft of the order and is not withdrawn, the order shall be subject to special parliamentary procedure.