Housing and Regeneration Act 2008 (c. 17)

SCHEDULES

SCHEDULE 3 E+W Main powers in relation to [F1 land acquired by the HCA]

Textual Amendments

F1 Words in Sch. 3 title substituted (12.4.2015) by Infrastructure Act 2015 (c. 7), ss. 32(3), 57(5)(e) (with s. 32(11)(12))

Modifications etc. (not altering text)

C1 Sch. 3 applied by 2011 c. 20, s. 208(1) (as substituted (13.7.2016) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 19 para. 17; S.I. 2016/733, reg. 3(m))

C2 Sch. 3 applied by 1999 c. 29, s. 333ZB(1) (as substituted (13.7.2016) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 19 para. 12(2); S.I. 2016/733, reg. 3(m) (with reg. 10))

C3 Schs. 2-4 applied (with modifications) (17.3.2017) by The Liverpool City Region Combined Authority (Functions and Amendment) Order 2017 (S.I. 2017/430), arts. 1(2), 9(3), Sch. 3 Pt. 2

C4 Schs. 2-4 applied (with modifications) (2.11.2018) by The Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority (Establishment and Functions) Order 2018 (S.I. 2018/1133), arts. 1, 14(5), Sch. 3 (with art. 28)

C5 Schs. 2-4 applied (with modifications (28.7.2020) by The Barnsley, Doncaster, Rotherham and Sheffield Combined Authority (Functions and Amendment) Order 2020 (S.I. 2020/806), arts. 1, 10(5), Sch. 2 Pt. 2

C6 Schs. 2-4 applied (with modifications) (30.1.2021) by The West Yorkshire Combined Authority (Election of Mayor and Functions) Order 2021 (S.I. 2021/112), arts. 1(2), 13(5), Sch. 2 Pts. 1, 2

C7 Sch. 3 applied (with modifications) (20.12.2023) by The York and North Yorkshire Combined Authority Order 2023 (S.I. 2023/1432), arts. 1(2), 9(5), Sch. 2 Pt. 2

C8 Schs. 2-4 applied (with modifications) (28.2.2024) by The East Midlands Combined County Authority Regulations 2024 (S.I. 2024/232), regs. 1(2), 10(5), Sch. 2 Pt. 2

Part 2 E+W Powers to extinguish public rights of way

Duty to consider objections E+W

5 (1) The Secretary of State must proceed under paragraph 6 if— E+W

(a) an objection to a proposal to make an order is properly made and not withdrawn, and

(b) the matter is not otherwise dealt with.

(2) For the purposes of sub-paragraph (1) an objection is properly made if (and only if)—

(a) it is made—

(i) within the time, and

(ii) in the manner,

stated in the notice under paragraph 4, and

(b) a written statement of the grounds of the objection is comprised in, or submitted with, the objection.

(3) For the purposes of sub-paragraph (1) the matter is otherwise dealt with if (and only if) the Secretary of State—

(a) decides, irrespective of the objection, not to make the order, or

(b) decides to make a modification to the proposal which is agreed to by the objector as meeting the objection.

Commencement Information

I1 Sch. 3 para. 5 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(f) (with arts. 6-13)

6 (1) The Secretary of State must, before making a final decision, consider the grounds of the objection as set out in the statement comprised in, or submitted with, the objection. E+W

(2) The Secretary of State may require the objector to submit within a particular period a further written statement as to any of the matters to which the objection relates.

Commencement Information

I2 Sch. 3 para. 6 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(f) (with arts. 6-13)