- Latest available (Revised)
- Original (As enacted)
This is the original version (as it was originally enacted).
(1)The Scottish Ministers may (without any application being made to them)—
(a)if it appears to them to be necessary or expedient to do so—
(i)for the purpose of suspending or discontinuing any operations, or
(ii)in consequence of the abandonment or neglect of any works,
make an order under section 1,
(b)if any provisions of an order under that section appear to them to be spent, make an order under that section repealing or revoking those provisions,
(c)if they think fit (and whether or not an order under that section might be made by virtue of paragraph (a) or (b)), make by virtue of this paragraph an order under that section.
(2)An order made by virtue of subsection (1)(a) may include provision for the recovery by the Scottish Ministers of any sum expended in—
(a)making the order, or
(b)carrying the provisions of the order into effect.
(3)Where the Scottish Ministers propose to make an order by virtue of subsection (1), they are to—
(a)prepare a draft of the order,
(b)publish a notice of that proposal, including such particulars as may be prescribed, in the Edinburgh Gazette and in a local newspaper circulating in the area (or in each of the areas) in which the proposals contained in the draft order are intended to have effect, and
(c)give such further notice of the proposal as may be prescribed.
(4)The power to make provision by rules under section 4 in relation to applications includes power to make such corresponding provision as the Scottish Ministers consider appropriate in relation to proposals to make orders by virtue of subsection (1); and in subsection (3), “prescribed” means prescribed by rules under that section.
(5)Without prejudice to the generality of subsection (4), in that subsection “corresponding provision” includes provision by rules corresponding to such rules as are mentioned in section 5(1).
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
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: