The Conservation (Natural Habitats, &c.) Regulations 1994

Opposed orders

4.—(1) If any representation or objection duly made with respect to an order is not withdrawn, then, as soon as practicable in the case of an order having immediate effect and before confirming an order requiring confirmation, the Secretary of State shall either–

(a) cause a local inquiry to be held; or

(b) afford any person by whom a representation or objection has been duly made and not withdrawn an opportunity of being heard by a person appointed by the Secretary of State for the purpose.

(2) On considering any representations or objections duly made and the report of any person appointed to hold the inquiry or to hear representations or objections, the Secretary of State–

(a) if the order has already taken effect, shall decide either to take no action on the order, or to make an order amending or revoking it as he thinks appropriate in the light of the report, representations or objections; and

(b) if the order requires confirmation, may confirm it (with or without modifications).

(3) The provisions of section 250(2) to (5) of the Local Government Act 1972(1)or section 210(4) to (8) of the Local Government (Scotland) Act 1973(2)(local inquiries: evidence and costs) apply in relation to an inquiry held under this paragraph.

(4) An amending or revoking order made by virtue of sub–paragraph (2) above takes effect immediately and does not require confirmation nor shall any representation or objection with respect to it be entertained.

(1)

1972 c. 70.

(2)

1973 c. 65.