Clean Air (Northern Ireland) Order 1981

Article 17(5).

SCHEDULE 2 N.I. CONFIRMATION AND COMING INTO OPERATION OF ORDERS OF DISTRICT COUNCILS UNDER ARTICLE 17

1.  In this Schedule “order” means an order made by a district council under Article 17. N.I.

2.  After making an order, the district council shall cause to be published in the Belfast Gazette and once at least in each of two successive weeks in one or more than one newspaper circulating in the area to which the order relates a notice— N.I.

(a) stating that the order has been made and its general effect;

(b) specifying a place in the district of the council where a copy of the order and of any map or plan referred to in the order may be inspected by any person free of charge at all reasonable times during a period of not less than six weeks from the date of the last publication of the notice; and

(c) stating that within that period any person who will be affected by the order may by notice in writing to the Department object to the confirmation of the order.

3.  Besides publishing the notice referred to in paragraph 2, the district council who have made an order shall post, and keep posted throughout the period mentioned in paragraph 2( b), copies of the notice in such number of conspicuous places within the area to which the order relates as appear to it necessary for the purpose of bringing the making of the order to the notice of persons who will be affected. N.I.

4.  If no objection is duly made to the Department within the period mentioned in paragraph 2( b), or if every objection so made is withdrawn, the Department may, confirm the order (either with or without modifications) or refuse to confirm the order. N.I.

5.  If any objection duly made to the Department is not withdrawn, the Department— N.I.

(a) may, if it thinks it necessary to do so, afford to the person who made the objection and to the district council an opportunity of appearing before, and being heard by, a person appointed by the Department for that purpose; and

(b) shall consider any objection not withdrawn and, where a hearing takes place, the report of the person appointed for that purpose;

and may then confirm the order (either with or without modifications) or refuse to confirm the order.

6.  On receipt of notice that the Department has confirmed an order, the district council shall take such steps as appear to it to be suitable for bringing the confirmation of the order to the notice of persons affected by the order. N.I.

7.  An order when confirmed shall, subject to paragraph 8, come into operation on such date as may be specified in it, not being a date earlier than six months from the date of the confirmation. N.I.

8.  If, before the date on which an order is to come into force, the district council— N.I.

(a) pass a resolution postponing the coming into operation of the order; and

(b) publish a notice stating the effect of the resolution once at least in each of two successive weeks in one or more than one newspaper circulating in the area to which the order relates;

the order shall, unless the coming into operation of it is again postponed under this paragraph, come into operation on the date specified in the resolution.