PART 2

Public Health and the Environment

Enforcement action zones

Designation procedure for enforcement action zones
30
1
Before designating any area under section 29 (enforcement action zones) of this Act, the designating authority shall publish, or cause to be published, in at least one local newspaper circulating in the locality, a notice that such a proposal has been made, naming a place or places in the locality where a map or maps defining the area concerned may be inspected at all reasonable hours.
2
Any notice under subsection (1) above shall state that any objection to the proposal may be made to the proper officer of any one of the borough councils of whom the designating authority is comprised, in writing within such period (not being less than 21 days from the date when the notice was given), as is specified in the notice.
3
The designating authority shall not designate an area under this section until after the expiry of the specified period.
4
In determining whether to designate an area under this section, the authority—
a
shall take into account any objections made in accordance with subsection (2) above;
b
may modify the proposal if—
i
they have notified, in writing, any person who has made an objection or representation to them of their intention and their reasons for it and has given them a reasonable opportunity to respond; and
ii
the intended modification does not extend the area of land specified in the proposal.
5
Where the authority designates an area under this section, they shall notify any person who has made an objection in accordance with subsection (2) above.
6
The designation shall not come into effect until the approval of the Secretary of State has been obtained.
7
Any approval given by the Secretary of State under subsection (6) above—
a
shall not be given until the designating authority has notified the Secretary of State that they have designated the area in accordance with this section;
b
shall be given in writing to the designating authority; and
c
may require the designating authority to make such modifications to the designation as he thinks appropriate.
8
The designating authority shall comply with any requirements made under subsection (7)(c) above.
9
Notice of the coming into effect of the designation of a particular area shall be published by the authority in at least one local newspaper circulating in the locality and on the same or a subsequent date in the London Gazette, and such notice shall—
a
contain a full statement of the effect of the designation;
b
describe any modifications made in accordance with any requirements made under subsection (7)(c) above;
c
name a place or places in the locality where a copy of the designation and of a map defining the area concerned may be seen at all reasonable hours; and
d
specify a date when the designation shall come into effect, being at least 14 and not more than 28 days after the publication of the notice in the London Gazette.
10
A designation shall come into effect on the date specified in the notice given under subsection (9) above.