SCHEDULES

SCHEDULE 3Main powers in relation to land of the HCA

Part 2Powers to extinguish public rights of way

Duty to give opportunity to appear

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1

The Secretary of State must, before making a final decision, give the objector an opportunity to appear before, and be heard by, a person appointed for the purpose by the Secretary of State.

2

Sub-paragraph (3) applies if the objector takes advantage of this opportunity.

3

The Secretary of State must give an opportunity of appearing and being heard on the same occasion as the objector to—

a

the HCA, and

b

any other persons whom the Secretary of State considers ought to be given the opportunity.

4

Sub-paragraphs (1) to (3) do not apply so far as the Secretary of State has the power to proceed under paragraph 8 or 9.