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Water (Scotland) Act 1967

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Schedule 3Procedure for making an Order under Section 5

1Before making an order under section 5 of this Act the Secretary of State shall prepare a draft order, and shall cause a notice to be published in the Edinburgh Gazette and in such other manner as he thinks best for the purpose of the informing of persons affected by the order—

(a)stating the general effect of the order;

(b)specifying the places where copies of the draft order, and any map relating thereto, may be inspected by any person free of charge at all reasonable times during a period of not less than twenty-eight days beginning with the date on which the notice is published as aforesaid ; and

(c)stating that any person affected by the order may within that period, by notice in writing to the Secretary of State, object to the making of the order.

2The Secretary of State shall cause a copy of a notice published in pursuance of the foregoing paragraph to be served on every local authority and board which he has consulted in pursuance of section 33(4) of this Act.

3If no objection is duly made under paragraph 1 of this Schedule or if all objections so made are withdrawn, the Secretary of State may proceed to make the order either in the form of the draft order or, subject to paragraph 5 of this Schedule, as amended by him.

4If any objection duly made as aforesaid is not withdrawn, and the Secretary of State does not sustain the objection, the order shall not be made unless approved by a resolution of each House of Parliament.

5The Secretary of State shall not make an amended order unless an amended draft order has been prepared by him and the provisions of paragraphs 1 to 4 of this Schedule shall apply to the amended draft order as they apply to a draft order.

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