The Home Zones (Scotland) (No. 2) Regulations 2002

Notice of hearing

9.—(1) Where a hearing is to be held, not earlier than the expiry of the objection period referred to in regulation 7(3), the authority shall publish at least once in a local newspaper circulating in the area in which any road to which the designation relates is situated a notice of the hearing containing the particulars specified in Part II of Schedule 1.

(2) Where a hearing is to be held the authority shall forthwith give notice in writing to any objector informing that objector that–

(a) if within such period, being not less than 14 days, as is specified in the notice, intimation is given to the authority that the objector desires to be heard in support of the objection, an opportunity will be afforded of being heard;

(b) the objector may submit written representations in support of the objection as an alternative to being heard at the hearing and that any such written representations should be submitted prior to the date set for the hearing; and

(c) if the objector does not intimate that the objector wishes to be heard in support of the objection or submit written representations prior to the date set for the hearing, then the objection will be deemed to be withdrawn unless the objector confirms in writing that the objector wishes the objection to be maintained.

(3) If any objector given such notice intimates a desire to be heard the authority shall notify the objector in writing of the arrangements for the hearing not less than 14 days before the date on which the hearing is to take place.

(4) If any objector does not timeously–

(a) give such intimation as is referred to in paragraph 2(a);

(b) submit such written representations as are referred to in paragraph 2(b); or

(c) give confirmation in writing that the objection is to be maintained as referred to in paragraph 2(c),

then the objection made by that objector shall be deemed to be withdrawn.

(5) If at any time prior to the date set for the hearing, as a result of any objection being deemed to be withdrawn in accordance with paragraph (4), all objections have been withdrawn or are deemed to have been withdrawn, the authority may cancel the hearing and proceed to make the designation without any hearing taking place.