7(1)If any objection to the proposed order is received by the Minister—E+W
(a)from any person on whom a copy of the notice is required to be served under paragraph 3 above within the period specified in the notice in pursuance of paragraph (1)(b) above or, if that period has been extended by a subsequent notice under paragraph 5 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and the objection is not withdrawn, then—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 an order proposed to be made by the Minister, the Minister and the Secretary of State acting jointly, or
(ii)in the case of an order made by a F1... 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 a person entitled to receive a copy of the notice relating to the order in question by virtue of paragraph 3 above and such one or more of the following heads of the Table set out at the end of that paragraph, that is to say, heads (i), (ii), (iii) and (iv), as apply in the case of that order, 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.
Textual Amendments
F1Word in Sch. 1 para. 7(1)(ii) omitted (5.3.2015) by virtue of Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 63(7); S.I. 2015/481, reg. 2(a)
Modifications etc. (not altering text)
C1Sch. 1 para. 7: functions transferred (25.11.2002) by The Transfer of Functions (Transport, Local Government and the Regions) Order 2002 (S.I. 2002/2626), arts. 5, 7 (with art. 8)