Energy Act 2004

Objections to an application U.K.

4 (1) The [F1 appropriate Minister] may by regulations make provision for securing— U.K.

(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 [F1 appropriate Minister] 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 [F1 appropriate Minister], the recipient of the objections is required to send copies of them to the [F1 appropriate Minister].

(2) The regulations may provide that the [F1 appropriate Minister] 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 [F1 appropriate Minister] in compliance with the regulations, the [F1 appropriate Minister]—

(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.

Textual Amendments

F1 Words in Sch. 16 substituted (1.4.2017) by Scotland Act 2016 (c. 11), ss. 62(18), 72(4)(e); S.I. 2017/300, reg. 3

Commencement Information

I1 Sch. 16 para. 4 in force at 1.10.2005 by S.I. 2005/877, art. 2(2), Sch. 2