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Wildlife and Countryside Act 1981

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Wildlife and Countryside Act 1981, Cross Heading: Publicity for orders is up to date with all changes known to be in force on or before 22 November 2017. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Publicity for ordersE+W+S

3(1)On making an order, the authority shall give notice in the prescribed form—E+W+S

(a)describing the general effect of the order and stating that it has been made and requires confirmation;

(b)naming a place in the area in which the land to which the order relates is situated where a copy of the order may be inspected free of charge, and copies thereof may be obtained at a reasonable charge, at all reasonable hours; and

(c)specifying the time (not being less than 42 days from the date of the first publication of the notice) within which, and the manner in which, representations or objections with respect to the order [F1, which must include particulars of the grounds relied on,] may be made.

(2)Subject to sub-paragraph (4), the notice to be given under sub-paragraph (1) shall be given—

(a)by publication in at least one local newspaper circulating in the area in which the land to which the order relates is situated;

(b)by serving a like notice on—

(i)every owner and occupier of any of that land;

(ii)every local authority whose area includes any of that land;

(iii)every person on whom notice is required to be served in pursuance of sub-paragraph (3); and

(iv)such other persons as may be prescribed in relation to the area in which that land is situated or as the authority may consider appropriate; and

(c)by causing a copy of the notice to be displayed in a prominent position—

(i)at the ends of so much of any way as is affected by the order;

(ii)at council offices in the locality of the land to which the order relates; and

(iii)at such other places as the authority may consider appropriate.

(3) Any person may, on payment of such reasonable charge as the authority may consider appropriate, require an authority to give him notice of all such orders as are made by the authority during a specified period, are of a specified description and relate to land comprised in a specified area; and in this sub-paragraph “ specified ” means specified in the requirement.

(4)The Secretary of State may, in any particular case, direct that it shall not be necessary to comply with sub-paragraph (2)(b)(i); but if he so directs in the case of any land, then in addition to publication the notice shall be addressed to “The owners and any occupiers” of the land (describing it) and a copy or copies of the notice shall be affixed to some conspicuous object or objects on the land.

(5)Sub-paragraph (2)(b) and (c) and, where applicable, sub-paragraph (4) shall be complied with not less than 42 days before the expiration of the time specified in the notice.

(6)A notice required to be served by sub-paragraph (2)(b) on the owner or occupier of any land, or on a local authority, shall be accompanied by a copy of so much of the order as relates to that land or, as the case may be, the area of that authority; and a notice required to be served by that sub-paragraph on such other persons as may be prescribed or as the authority may consider appropriate shall be accompanied by a copy of the order.

(7)A notice required to be displayed by sub-paragraph (2)(c) at the ends of so much of any way as is affected by the order shall be accompanied by a plan showing the general effect of the order so far as it relates to that way.

(8)At any time after the publication of a notice under this paragraph and before the expiration of the period specified in the notice for the making of representations and objections, any person may require the authority to inform him what documents (if any) were taken into account in preparing the order and—

(a)as respects any such documents in the possession of the authority, to permit him to inspect them and take copies; and

(b)as respects any such documents not in their possession, to give him any information the authority have as to where the documents can be inspected;

and on any requirement being made under this sub-paragraph the authority shall comply therewith within 14 days of the making of the requirement.

(9)Nothing in sub-paragraph [F2(1)(c) or] (8) shall be construed as limiting [F3the grounds which may be relied on or] the documentary or other evidence which may be adduced at any local inquiry or hearing held under paragraph 7 or 8.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F1 Words in Sch. 15 para. 3(1)(c) inserted (E.W.) (13.2.2004 for E. (exception noted in art. 3(1) of commencement order) and 31.5.2005 for W. and 27.9.2005 otherwise for E.) by 2000 c. 37 , ss. 51 , 103(3) , Sch. 5 Pt. I para. 11(2) ; S.I. 2004/292 , art. 2 (with savings in art. 3(1) ); S.I. 2005/1314 , art. 2(a) ; S.I. 2005/2459 , art. 2(2)(b)(iii)

F2 Words in Sch. 15 para. 3(9) inserted (E.W.) (13.2.2004 for E. (exception noted in art. 3(1) of commencement order) and 31.5.2005 for W. and 27.9.2005 otherwise for E.) by 2000 c. 37 , ss. 51 , 103(3) , Sch. 5 Pt. I para. 11(3)(a) ); S.I. 2004/292 , art. 2 (with savings in art. 3(1) ); S.I. 2005/1314 , art. 2(a) ; S.I. 2005/2459 , art. 2(2)(b)(iii)

F3 Words in Sch. 15 para. 3(9) inserted (E.W.) (13.2.2004 for E. (exception noted in art. 3(1) of commencement order) and 31.5.2005 for W. and 27.9.2005 otherwise for E.) by 2000 c. 37 , ss. 51 , 103(3) , Sch. 5 Pt. I para. 11(3)(b) ; S.I. 2004/292 , art. 2 (with savings in art. 3(1) ); S.I. 2005/1314 , art. 2(a) ; S.I. 2005/2459 , art. 2(2)(b)(iii)

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