SCHEDULES
C2C1C3C4C5C6C7C8SCHEDULE 4Powers in relation to, and for, statutory undertakers
Sch. 4 applied (with modifications) by 1999 c. 29, s. 333ZB(3)(4) (as inserted (15.1.2012) by Localism Act 2011 (c. 20), ss. 187(3), 240(2); S.I. 2012/57, art. 4(1)(w) (with arts. 6, 7, 9-11))
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
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)
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
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
Sch. 4: transfer of functions (3.5.2023) by The Secretaries of State for Energy Security and Net Zero, for Science, Innovation and Technology, for Business and Trade, and for Culture, Media and Sport and the Transfer of Functions (National Security and Investment Act 2021 etc) Order 2023 (S.I. 2023/424), arts. 1(2), 9(1) (with art. 17)
Sch. 4 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
C3C4C5C6C8Part 3Extension or modification of functions of undertakers
Duty to consider objections
I121
1
The Secretary of State and the appropriate Minister must proceed under paragraph 22 if—
a
an objection to the making of an order under paragraph 16 or 17 is properly made and not withdrawn, and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 19(1) or (as the case may be) 20(1), 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 and the appropriate Minister—
a
decide, irrespective of the objection, not to make the order, or
b
decide to make a modification which is agreed to by the objector as meeting the objection.
I222
1
The Secretary of State and the appropriate Minister 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.
2
The Secretary of State and the appropriate Minister may require the objector to submit within a specified period a further written statement as to any of the matters to which the objection relates.
Sch. 4 applied (with modifications) (15.1.2012) by Localism Act 2011 (c. 20), ss. 208(4)(5), 240(1)(l)