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an objection to the making of an order under paragraph 16 or 17 is properly made and not withdrawn, and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.