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- Original (As enacted)
This is the original version (as it was originally enacted).
(1)This section applies where—
(a)an application is made to the Scottish Ministers under section 4, or
(b)they propose to make an order by virtue of section 6,
and the requirements of the preceding provisions of this Act in relation to any objections have been satisfied.
(2)The Scottish Ministers may determine—
(a)to make an order under section 1 which gives effect to the proposals concerned without modification,
(b)to make an order under that section which gives effect to those proposals with modifications, or
(c)not to make an order.
(a)to the generality of paragraph (c) of subsection (2), and
(b)to subsection (4),
where this section applies by virtue of paragraph (a) of subsection (1) but the Scottish Ministers consider that any of the objects of the order applied for could be achieved other than by means of such an order, they may on that ground determine to decline to make an order.
(4)The Scottish Ministers' powers under subsection (2) include the power to make a determination in respect of some only of the proposals concerned, while making a separate determination in respect of, or deferring consideration of, others (and accordingly the power to make an order under section 1 includes power to make two or more orders on the same application).
(5)Where the Scottish Ministers propose to make an order giving effect, with modifications, to the proposals concerned being modifications which in their opinion make a substantial change in the proposals, they are—
(a)to notify any person who appears to them likely to be affected by the change,
(b)to give that person an opportunity to make representations to them about the modifications within such period as they may specify in the notification, and
(c)before making the order, to consider any representations timeously made to them by that person.
(6)Subject to section 13(3)(b), an order under section 1 comes into force on the date on which the notice required by section 12(1)(c) is first published unless a later date for its coming into force is specified in the order (in which case it comes into force on that later date).
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills
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