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Highways Act 1980

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This is the original version (as it was originally enacted).

14(1)If any objection to the proposed scheme is received by the Minister—

(a)from any council or authority on whom a copy of the notice is required to be served under paragraph 11 above within the period specified in the notice in pursuance of paragraph 10(b) above or, if that period has been extended by a subsequent notice under paragraph 12 above, within the period specified in the subsequent notice, or

(b)from any other person appearing to him to be affected within the period specified in the notice or the subsequent notice, as the case may be,

and the objection is not withdrawn, then—

(i)in the case of a scheme proposed to be made by the Minister, the Minister and the Secretary of State acting jointly, or

(ii)in the case of a scheme made by a local highway authority and submitted to the Minister, the Minister,

shall, subject to sub-paragraph (2) below, cause a local inquiry to be held.

(2)Except where the objection is made by any such council or authority as aforesaid, the Minister and the Secretary of State acting jointly or, as the case may be, the Minister may, if satisfied that in the circumstances of the case the holding of an inquiry under this paragraph is unnecessary, dispense with such an inquiry.

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