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SCHEDULES

Sections, 5, 7, 9, 12, 75 and 77.

SCHEDULE 2S Validity and Date of Operation of Certain Orders and Schemes

Modifications etc. (not altering text)

1SAs soon as may be after a scheme or order to which this Schedule applies has been made or confirmed by the Secretary of State [F1(or where the order, scheme or instrument confirming the scheme is subject to the affirmative procedure by virtue of section 143A(3) of this Act, after a draft statutory instrument containing or confirming the order or scheme has been laid before the Scottish Parliament)] , he shall publish in the Edinburgh Gazette, and in such other manner as he thinks best adapted for informing persons affected, a notice,

[F2(a)]stating that the scheme or order has been made or confirmed [F3, or as the case may be, that a draft statutory instrument containing or confirming it has been laid before the Scottish Parliament] F4...

[F5(b)]naming a place where a copy thereof may be inspected free of charge at all reasonable hours

[F6(c)if subsection (3) of section 143A of this Act does not apply to the [F7order, scheme or instrument confirming the scheme] , giving information regarding—

(i)the date on which the scheme or order will become operative; and

(ii)the right to challenge the validity of the scheme or order and the procedure for doing so; and

(d)if that subsection does apply to the [F8order, scheme or instrument confirming the scheme, stating that the order, scheme or instrument confirming the scheme cannot be made unless] the Scottish Parliament, by resolution, approves [F9a draft statutory instrument containing] it.]

Textual Amendments

F2Words in Sch. 2 para. 1 renumbered as Sch. 2 para. 1(a) (28.12.2007) by Transport and Works (Scotland) Act 2007 (asp 8), ss. 24(5)(a)(i), 30(4); S.S.I. 2007/516, art. 2

F5Words in Sch. 2 para. 1 renumbered as Sch. 2 para. 1(b) (28.12.2007) by Transport and Works (Scotland) Act 2007 (asp 8), ss. 24(5)(a)(iii), 30(4); S.S.I. 2007/516, art. 2

[F101AS[F11Where an order, scheme or instrument confirming a scheme is subject to the affirmative procedure by virtue of section 143A(3) of this Act, as soon as may be after the Scottish Ministers have made the order, scheme or instrument confirming the scheme or, as the case may be, the Scottish Parliament has decided not to approve the draft statutory instrument laid before it under that section] , the Scottish Ministers shall publish in the Edinburgh Gazette, and in such other manner as they think best adapted for informing persons affected, a notice—

[F12(a)stating that the order, scheme or instrument has been made or, as the case may be, the Parliament has decided not to approve the draft statutory instrument;]

(b)where [F13the order, scheme or instrument has been made] , providing information regarding—

(i)the date on which the relevant scheme or order will become operative;

(ii)the place where a copy of it may be inspected free of charge at all reasonable hours; and

(iii)the right to challenge the validity of the scheme or order and the procedure for doing so.]

Textual Amendments

2SIf any person aggrieved by the scheme or order desires to question the validity thereof, or of any provision contained therein, on the grounds that it is not within the powers of this Act or that any requirement of this Act or of any regulations made thereunder has not been complied with in relation to the scheme or order, he may, within six weeks of the

[F14(a)]date on which the notice required by paragraph 1 above is first published,[F15or

(b)in a case where a notice under paragraph 1A above is required, the date on which that notice is first published,]

make an application as regards that validity to the Court of Session.

Textual Amendments

F14Words in Sch. 2 para. 2 renumbered as Sch. 2 para. 2(a) (28.12.2007) by Transport and Works (Scotland) Act 2007 (asp 8), ss. 24(5)(c)(i), 30(4); S.S.I. 2007/516, art. 2

3SOn any such application the Court—

(a)may by interim order suspend the operation of the scheme or order or of any provision contained in it, either generally or in so far as it affects any property of the applicant, until the final determination of the proceedings; and

(b)if satisfied that the scheme or order or any provision contained in it is not within the powers of this Act or that the interests of the applicant have been substantially prejudiced by failure to comply with any such requirement as aforesaid, may quash the scheme or order or any provision contained in it, either generally or in so far as it effects the property of the applicant.

4SSubject to paragraph 3 above, a scheme or order to which this Schedule applies shall not, either before or after it as been made or confirmed, be questioned in any legal proceedings whatever, and shall become operative on the date on which the notice required by paragraph 1 above is first published or on such later date, if any, as may be specified in the scheme or order.

F165S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F16Sch. 2 para. 5 repealed (28.12.2007) by Transport and Works (Scotland) Act 2007 (asp 8), s. 30(4), sch. 3; S.S.I. 2007/516, art. 2 (with S.S.I. 2007/517, arts. 1(1), 4(2)-(4))

F17[F186S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F17Sch. 2 para. 6 repealed (28.12.2007) by Transport and Works (Scotland) Act 2007 (asp 8), s. 30(4), sch. 3; S.S.I. 2007/516, art. 2 (with S.S.I. 2007/517), arts. 1(1), 4(2)-(4))