SCHEDULES

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

Part 3Extension or modification of functions of undertakers

Duty to consider objections

I121

1

The Secretary of State and the appropriate Minister must proceed under paragraph 22 if—

a

an objection to the making of an order under paragraph 16 or 17 is properly made and not withdrawn, and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 19(1) or (as the case may be) 20(1), 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 and the appropriate Minister—

a

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

b

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

I222

1

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