SCHEDULES

C2C1SCHEDULE 4Powers in relation to, and for, statutory undertakers

Annotations:
Modifications etc. (not altering text)
C2

Sch. 4 applied (with modifications) (15.1.2012) by Localism Act 2011 (c. 20), ss. 208(4)(5), 240(1)(l)

C1

Sch. 4 applied (with modifications) by 1999 c. 29, s. 333ZB(3)(4) (as inserted (15.1.2012) by Localism Act 2011 (c. 20), ss. 187(3), 240(2); S.I. 2012/57, art. 4(1)(w) (with arts. 6, 7, 9-11))

Part 1Extinguishment or removal powers for the HCA

Opposed notices and Ministerial orders

I15

1

Before making an order under paragraph 4(3), the Secretary of State and the appropriate Minister must give the statutory undertakers on whom notice was served an opportunity to object to the application for the order.

2

The Secretary of State and the appropriate Minister—

a

must consider any objections made by virtue of sub-paragraph (1), and

b

must give—

i

the statutory undertakers who made the objections, and

ii

the HCA,

an opportunity to appear before, and be heard by, a person appointed for this purpose by the Secretary of State and the appropriate Minister.

3

The Secretary of State and the appropriate Minister may then—

a

decide not to make an order, or

b

proceed to make an order in accordance with the application (with or without modifications).