The Police Act 1997 (Provisions in relation to the NCIS Service Authority) Order 1998

Directions to dispose of land-supplementary

I10.—(1) Before giving a direction to the Authority under article 19 above, the Secretary of State shall give it notice of his proposal to give the direction and of its proposed contents.

(2) The Authority, on receipt of a notice under paragraph (1) above may make representations to the Secretary of State as to why the proposed direction should not be given or as to its proposed contents.

(3) If the Authority does not make such representations within a period of 42 days from the date of the notice, or within such longer period as the Secretary of State may in any particular case allow, the Secretary of State may give the direction as proposed.

(4) If the Authority has made representations under paragraph (2) above, the Secretary of State may not give a direction unless he is satisfied that the interest to which the direction would relate can be disposed of in the manner in which and on the terms and conditions on which he proposes that it shall be disposed of without serious detriment to the performance of the Authority’s functions or the carrying on of its undertaking.

(5) The Secretary of State need not give notice under paragraph (1) above as regards a further direction revoking a previous direction given under article 19 above.

(6) The Secretary of State need not give notice under paragraph (1) above as regards a further direction varying a previous direction given under article 19 above if—

(a) the variation consists only of one which omits part of the land to which the previous direction relates, or

(b) the variation is stated in the further direction to consist only of one which is made to take account of a representation of the Authority.

(7) The contents of a direction under article 19 above may differ from its proposed contents contained in a notice given under paragraph (1) above if—

(a) the difference consists only of a variation which omits part of the land referred to in the proposed contents, or

(b) the difference is stated in the direction to consist only of a variation which is made to take account of a representation of the Authority;

and the words “as proposed” in paragraph (3) above shall have effect accordingly.

(8) Where the Secretary of State by order substitutes a period specified in the order for the period of 42 days specified in subsection (3) of section 99 of the Local Government, Planning and Land Act 1980(1) that substituted period shall also be substituted for the period of 42 days (or such other period as may have been earlier substituted) under paragraph (3) above.

(1)

1980 c. 65.