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an objection to a proposal to make an order is properly made and not withdrawn, and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