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Local Government Act 1988
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- UK Public General Acts
- 1988 c. 9
- SCHEDULE 5
- Paragraph 5
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5(1)Section 99 (directions: supplementary) shall be amended as follows.E+W
(2)After subsection (5) there shall be inserted—
“(5A)The Secretary of State need not give notice under subsection (1) above as regards a further direction revoking a previous direction given under section 98 above.
(5B)The Secretary of State need not give notice under subsection (1) above as regards a further direction varying a previous direction given under section 98 above if—
(a)the variation consists only of one which omits part of the land to which the previous direction relates, or
(b)the variation is stated in the further direction to consist only of one which is made to take account of a representation of the body to whom the previous direction was given.
(5C)The contents of a direction under section 98 above may differ from its proposed contents contained in a notice given under subsection (1) above if—
(a)the difference consists only of a variation which omits part of the land referred to in the proposed contents, or
(b)the difference is stated in the direction to consist only of a variation which is made to take account of a representation of the body to whom the notice was given;
and the words “as proposed” in subsection (3) above shall have effect accordingly.
(5D)The Secretary of State may by order made by statutory instrument substitute a period specified in the order for the period of 42 days specified in subsection (3) above or for such other period as is for the time being specified in that subsection by virtue of an order under this subsection.
(5E)No order under subsection (5D) above may substitute a period as regards a notice given before the coming into force of the order.”
(3)In subsection (6)(b) for “section” there shall be substituted “subsection”.
(4)In subsection (7) after “subsection” there shall be inserted “(5D) or”.
(5)Section 99(5A) and (5B) apply whether the previous direction was given before or after the coming into force of this paragraph; and section 99(5C) applies whether the notice was given before or after the coming into force of this paragraph.
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