1SWhere [F1SNH] [F2decides] to make a control scheme [F3it] shall—
(a)serve on every owner and every occupier of land on whom the scheme proposes to impose any requirement—
(i)a copy of the said scheme, together with
(ii)a notice stating that any such owner or occupier may, within twenty-eight days of the service of the notice, object to the Secretary of State in such manner as may be specified in the notice to the scheme or to any provision contained in it; and
(b)publish in [F4such manner as SNH thinks fit] a notice—
(i)stating that a control scheme has been prepared,
(ii)describing the control area,
(iii)naming a place F5... where a copy of the control scheme and of the map referred to in it may be inspected at all reasonable hours, and
(iv)stating that any person may, within twenty-eight days of the first publication of such notice, object to the Secretary of State in such a manner as may be specified in the notice to the control scheme or to any provision contained in it.
Textual Amendments
F1Word in Act substituted (1.8.2010) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 1 para. 6; S.S.I. 2010/221, art. 3(2), Sch.
F2Word in Sch. 2 para. 1 substituted (1.8.2010) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 1 para. 27(a); S.S.I. 2010/221, art. 3(2), Sch.
F3Word in Sch. 2 para. 1 substituted (1.8.2010) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 1 para. 27(b); S.S.I. 2010/221, art. 3(2), Sch.
F4Words in Sch. 2 para. 1(b) substituted (1.1.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 28(6)(a)(i), 43(1) (with s. 41(1)); S.S.I. 2011/433, art. 2(1)(f)
F5Words in Sch. 2 para. 1(b)(iii) repealed (1.1.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 28(6)(a)(ii), 43(1) (with s. 41(1)); S.S.I. 2011/433, art. 2(1)(f)
2SIf no objection is duly made under paragraph 1 above or if all objections so made are withdrawn, the Secretary of State may confirm the control scheme either in the form submitted to him or, subject to paragraph 4 below, with modifications.
3SIf any objection duly made under paragraph 1 above is not withdrawn, the Secretary of State [F6—
(a)must consider the objection, and
(b)may] confirm the scheme either in the form submitted to him or, subject to paragraph 4 below, with modifications.
Textual Amendments
F6Words in Sch. 2 para. 3 substituted (1.1.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 28(6)(b), 43(1) (with s. 41(1)); S.S.I. 2011/433, art. 2(1)(f)
4SA control scheme shall not be confirmed with any modification unless F7...—
(a)every—
(i)person served with a copy of the scheme by virtue of paragraph 1 above has been served with notice of the proposal to make the modification, and
(ii)other person on whom the modification, if made, would impose a requirement, has been served with a notice of the proposal to make the modification along with a copy of the said scheme,
and either has consented to it or has not, before the expiry of fourteen days from the service of the notice, notified the Secretary of State in writing that he objects to it F8...
F8(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F7Word in Sch. 2 para. 4 repealed (1.1.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 28(6)(c)(i), 43(1) (with s. 41(1)); S.S.I. 2011/433, art. 2(1)(f)
F8 Sch. 2 para. 4(b) and preceding word repealed (1.1.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 28(6)(c)(ii), 43(1) (with s. 41(1)); S.S.I. 2011/433, art. 2(1)(f)