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SCHEDULE 2SFlood protection schemes: procedure etc.

Ministerial consideration of proposed schemeS

7(1)This paragraph applies where the Scottish Ministers are required under paragraph 6(1), or decide under paragraph 6(2), to consider the proposed scheme.S

(2)The Scottish Ministers must cause a public local inquiry to be held unless all objections made by relevant objectors have been withdrawn.

(3)Subsections (2) to (9) of section 210 of the Local Government (Scotland) Act 1973 (c. 65) (which relate to the holding of local inquiries) apply in relation to a public local inquiry held under sub-paragraph (2) as they apply in relation to local inquiries held under that section.

(4)After considering the material received under paragraph 5(5) and the report of the person who held the public local inquiry (if one was held), the Scottish Ministers must—

(a)confirm the scheme without modification,

(b)confirm the scheme with modifications, or

(c)reject the scheme.

(5)The Scottish Ministers may not confirm a scheme with modifications unless they have—

(a)given notice of the proposed modification to the relevant objectors and anyone else the Scottish Ministers consider is affected by them at least 28 days before confirming the scheme,

(b)given those persons an opportunity to make objections about the proposed modifications, and

(c)considered any objections so made.

(6)The Scottish Ministers must notify the local authority of their decision as soon as reasonably practicable after making it.

Commencement Information

I1Sch. 2 para. 7 in force at 24.12.2010 by S.S.I. 2010/401, art. 3(g)