F112(1)Before making an order under sub-paragraph [F2(4A) or ]F2(5) of paragraph 11 above, the [F3appropriate Minister and the Assembly, or the Ministers proposing to make the order, as the case may be]F3 proposing to make the order—E+W+S
(a)shall afford to the statutory undertakers on whom a notice was served under sub-paragraph (2) of that paragraph an opportunity of objecting to the application for the order; and
[F4(b)if any objection is made, shall consider the objection and afford to—
(i)the statutory undertakers and the Assembly, in the case of an order under sub-paragraph (4A) of paragraph 11 above, or
(ii)the statutory undertakers, in the case of an order under sub-paragraph (5) of paragraph 11 above,
an opportunity of appearing before, and being heard by, a person appointed for the purpose by the Assembly and the appropriate Minister, or the Secretary of State and the appropriate Minister, as the case may be.]
F4(2)The [F5appropriate Minister and the Assembly, or the Ministers proposing to make the order, as the case may be,]F5 may then, if they think fit, make the order in accordance with the application either with or without modification.
(3)Where an order is made under paragraph [F611(4A) or]F6 11(5) above—
(a)any right to which the order relates shall be extinguished at the end of the period specified in that behalf in the order; and
(b)if, at the end of the period so specified in relation to any apparatus, any requirement of the order as to the removal of the apparatus has not been complied with, the [F7Assembly]F7 may remove the apparatus and dispose of it in any way [F8it thinks]F8 appropriate.
Textual Amendments
F1Sch. 4 inserted (1.10.1998) by 1998 c. 38, s. 127, Sch. 13 para. 3 (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 4.
F2Words in Sch. 4 para. 12(1) inserted (1.4.2006) by The Welsh Development Agency (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3226), arts. 1(1)(2), 7(1), Sch. 1 para. 33(6)(a)(i) (with art. 3(1))
F3Words in Sch. 4 para. 12(1) substituted (1.4.2006) by The Welsh Development Agency (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3226), arts. 1(1)(2), 7(1), Sch. 1 para. 33(6)(a)(ii) (with art. 3(1))
F4Sch. 4 para. 12(1)(b) substituted (1.4.2006) by The Welsh Development Agency (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3226), arts. 1(1)(2), 7(1), Sch. 1 para. 33(6)(b) (with art. 3(1))
F5Words in Sch. 4 para. 12(2) substituted (1.4.2006) by The Welsh Development Agency (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3226), arts. 1(1)(2), 7(1), Sch. 1 para. 33(6)(c) (with art. 3(1))
F6Words in Sch. 4 para. 12(3) inserted (1.4.2006) by The Welsh Development Agency (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3226), arts. 1(1)(2), 7(1), Sch. 1 para. 33(6)(d) (with art. 3(1))
F7Sch. 4 para. 12: words in Act substituted (1.4.2006) by The Welsh Development Agency (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3226), arts. 1(1)(2), 7(1), {Sch. 1 para. 1, 2} (with art. 3(1))
F8Words in Sch. 4 para. 12(3)(b) substituted (1.4.2006) by The Welsh Development Agency (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3226), arts. 1(1)(2), 7(1), Sch. 1 para. 33(6)(e) (with art. 3(1))