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Energy Act 2004

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This is the original version (as it was originally enacted).

Objections to an application

This section has no associated Explanatory Notes

4(1)The Secretary of State may by regulations make provision for securing—

(a)that, in the prescribed circumstances, notice of an application is published in the prescribed manner;

(b)that, in the prescribed circumstances and in any other case where the Secretary of State so directs, notice of an application is served on the persons who are prescribed or are specified in the direction;

(c)that every notice published or served in pursuance of the regulations states the period within which objections to the application may be made, and the manner in which any objections are to be made;

(d)that the period so stated is not less than the prescribed period after the publication or service of the notice;

(e)that, where such a notice requires objections to be sent to a person other than the Secretary of State, the recipient of the objections is required to send copies of them to the Secretary of State.

(2)The regulations may provide that the Secretary of State may give such directions dispensing with the requirements of the regulations as he considers appropriate.

(3)Where objections, or copies of objections, to an application have been sent to the Secretary of State in compliance with the regulations, the Secretary of State—

(a)must consider those objections, together with all other material considerations, with a view to determining whether a public inquiry should be held with respect to the application; and

(b)if he thinks it appropriate to do so, must cause a public inquiry to be held, either in addition to or instead of any other hearing or opportunity of stating objections to the application.

(4)In this paragraph “prescribed” means prescribed by regulations under this paragraph.

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