The Compulsory Purchase of Land (Written Representations Procedure) (National Assembly for Wales) Regulations 2004

Consent

3.—(1) This regulation prescribes the manner in which a remaining objector may consent to the use of the written representations procedure by the National Assembly.

(2) In order to give consent, the remaining objector must return to the National Assembly, so as to be received no later than the date referred to in paragraph (4), the notice referred to in paragraph (3), on which the objector has indicated consent to the use of the written representations procedure.

(3) The notice must be in the form set out in the Schedule to these Regulations or in a form substantially to the like effect.

(4) The National Assembly must send the notice referred to in paragraph (3) to each remaining objector and such notice must be accompanied by notification of a date, which must be not less than 15 working days after the date on which the notice is sent to the objector.

(5) If consent is not given by each remaining objector in accordance with paragraph (2), the National Assembly will, subject to paragraph (6), proceed on the basis that the written representations procedure will not apply.

(6) If the notice referred to in paragraph (3), in which a remaining objector has indicated consent to the use of the written representations procedure, is received by the National Assembly after the date referred to in paragraph (4), the National Assembly may treat the objector as having consented to the use of the written representations procedure and, if so, may elect to proceed under that procedure if it is reasonable in all the circumstances to do so.

(7) Where paragraph (6) applies, the National Assembly must consider what steps taken by the acquiring authority and any remaining objector or third party are to be regarded as amounting to substantial compliance with any of the remaining requirements of these Regulations and must notify all such persons accordingly.