Regulation 9 Prescribed procedure for Ministerial orders

(1)

The Minister may only decide that the conditions to which a Ministerial order is subject have been met after—

(a)

the Minister has complied with regulation 10, and

(b)

the appropriate authority^f1 has set out its consideration in accordance with regulation 13.

(2)

When making the decision on whether the conditions to which a Ministerial order is subject have been met, the Minister—

(a)

must take into account and disregard the same matters the appropriate authority must take into account and disregard under regulation 13 (2),

(b)

must take into account the appropriate authority’s written consideration required by regulation 13 (4), and

(c)

may adopt the appropriate authority’s consideration as the Minister’s decision.

Annotations

f1: For the meaning of “appropriate authority”, see paragraph 4 (8) of Schedule 1 to the Acquisition of Land Act 1981 (c. 67).