SCHEDULES

SCHEDULE 3Main powers in relation to land of the HCA

Part 2Powers to extinguish public rights of way

Duty to consider objections

I15

1

The Secretary of State must proceed under paragraph 6 if—

a

an objection to a proposal to make an order is properly made and not withdrawn, and

b

the matter is not otherwise dealt with.

2

For the purposes of sub-paragraph (1) an objection is properly made if (and only if)—

a

it is made—

i

within the time, and

ii

in the manner,

stated in the notice under paragraph 4, and

b

a written statement of the grounds of the objection is comprised in, or submitted with, the objection.

3

For the purposes of sub-paragraph (1) the matter is otherwise dealt with if (and only if) the Secretary of State—

a

decides, irrespective of the objection, not to make the order, or

b

decides to make a modification to the proposal which is agreed to by the objector as meeting the objection.

I26

1

The Secretary of State must, before making a final decision, consider the grounds of the objection as set out in the statement comprised in, or submitted with, the objection.

2

The Secretary of State may require the objector to submit within a particular period a further written statement as to any of the matters to which the objection relates.