Statutory Orders (Special Procedure) Act 1945

FIRST SCHEDULE E+W+S Preliminary Proceedings

Modifications etc. (not altering text)

C1 Sch. 1 modified by Atomic Energy Act 1946 (c. 80), s. 7 (3)

1 E+W+S Before the order is made or confirmed, the following notice shall be given by advertisement in the London Gazette and, in the case of an order relating to a particular area, in at least one newspaper circulating in that area, that is to say—

(a) in the case of an order to be made on the application of any person, notice of the purport of the application shall be given by the applicant;

(b) in the case of an order to be confirmed on the application of any person, notice of the order as submitted for confirmation shall be given by the applicant;

(c) in the case of an order to be made otherwise than on the application of any person, notice of the order as proposed to be made shall be given by the authority empowered to make it.

2 E+W+S Every such notice shall specify the time, not being less than twenty-eight days, within which and the manner in which objections may be made to the application or to the order, as the case may be.

3 E+W+S If any such objection as aforesaid is duly made and is not withdrawn, the authority empowered to make or confirm the order shall take the objection into consideration, and shall cause a local inquiry to be held unless they are satisfied that in the special circumstances of the case the holding of such an inquiry is unnecessary.

4 E+W+S Notice of any such inquiry as aforesaid shall be given in such manner as the authority empowered to make or confirm the order may direct, and all persons interested shall be permitted to attend the inquiry and make objections; and the provisions of [F1 subsections (2) to (5) of the M1 Local Government Act 1972] (which relate to evidence and costs) shall apply in relation to any such inquiry as if for any reference therein to the department there were substituted a reference to the authority empowered to make or confirm the order.

Textual Amendments

F1 Words substituted by virtue of Local Government Act 1972 (c. 70), s. 272 (2)

Marginal Citations

M1 1972 c. 70.

5 E+W+S For the purposes of paragraph 1 of this Schedule, a notice shall be sufficient notice of an order if it sets out the purport of the order and specifies a place where copies thereof may be inspected free of charge at all reasonable hours.