SCHEDULES

SCHEDULE 12E+W+S Procedure in Connection With Orders Under Section 36

Publicity for draft ordersE+W+S

2(1)Before making an order, the Secretary of State shall prepare a draft of the order and give notice—

(a)stating that he proposes to make the order and the general effect of it;

(b)naming a place in the area in which the land to which the draft order relates is situated where a copy of the draft order, and of any byelaws made or proposed to be made by a relevant authority for the protection of the area specified in the draft order, may be inspected free of charge, and copies thereof may be obtained at a reasonable charge, at all reasonable hours; and

(c)specifying the time (not being less than 28 days from the date of the first publication of the notice) within which, and the manner in which, representations or objections with respect to the draft order may be made.

(2)Subject to sub-paragraph (3), the notice to be given under sub-paragraph (1) shall be given—

(a)by publication in the Gazette and also at least one local newspaper circulating in the area in which the land to which the draft order relates is situated;

(b)by serving a like notice on—

(i)every person in whom is vested an interest in or right over any of that land;

(ii)every relevant authority whose area includes any of that land; and

(iii)such other bodies as may be prescribed or as the Secretary of State may consider appropriate; and

(c)by causing a copy of the notice to be displayed in a prominent position—

(i)at council offices in the locality of the land to which the draft order relates; and

(ii)at such other places as the Secretary of State may consider appropriate.

(3)The Secretary of State may, in any particular case, direct that it shall not be necessary to comply with sub-paragraph (2)(b)(i).

(4)Subject to sub-paragraph (3), sub-paragraph (2)(b) and (c) shall be complied with not less than 28 days before the expiration of the time specified in the notice.