SCHEDULES

SCHEDULE 5Procedure for Authorising Compulsory Acquisition of Statutory Undertakers' Operational Land

PART IAcquisitions by development corporations and local highway authorities

3

1

If—

a

no objection is duly made by any of the persons on whom notices are required to be served, or

b

if all objections so made are withdrawn,

the Secretary of State and the appropriate Minister may, if they think fit. make a compulsory purchase order in accordance with the application, with or without modification, but shall not, unless all persons interested consent, make the order with any modification which would extend it to any land to which the application did not relate.

2

If any objection is duly made by any of the persons on whom notices are required to be served and is not withdrawn, the Secretary of State and the appropriate Minister—

a

shall, before making an order on the application, consider the objection, and

b

shall, if either the person by whom the objection was made or the acquiring authority so desire, afford that person and the acquiring authority an opportunity of appearing before and being heard by a person appointed by the Secretary of State and the appropriate Minister for the purpose,

and they may then, if they think fit, make an order on the application.

3

An objection shall not be deemed for the purposes of section 13 above or this Schedule to be duly made unless—

a

it is made within the time and in the manner specified in the notice in that behalf ; and

b

a statement in writing of the grounds of the objection is comprised in or submitted with the objection.