Paragraph 5

(1)

The requirements of paragraph 2(4) (and those of paragraph 2(1)) shall not apply if the relevant authority—

(a)

has already given notice under paragraph 2(1) but not paragraph 2(4) in relation to the proposed undertaking or order; and

(b)

considers that the modifications which are now being proposed are not material in any respect.

(2)

The requirements of paragraph 2(4) (and those of paragraph 2(1)) shall not apply if the relevant authority—

(a)

has already given notice under paragraphs 2(1) and (4) in relation to the matter concerned; and

(b)

considers that the further modifications which are now being proposed do not differ in any material respect from the modifications in relation to which notice was last given under paragraph 2(4).

Notes on Schedule 10

Textual amendments

F1: Sch. 10 amendment to earlier affecting provision S.I. 2003/1592, art. 15, Sch. 3 para. 2 (1.4.2014) by The Enterprise Act 2002 (Protection of Legitimate Interests) (Amendment) Order 2014 (S.I. 2014/891), arts. 1, 18(18) (with arts. 20-23)

Modifications

C1

Sch. 10 applied (20.6.2003) by 1980 c. 21, s. 12(6) (as substituted by Enterprise Act 2002 (c. 40), ss. 278, 279, Sch. 25 para. 10(4)); S.I. 2003/1397, art. 2(1), Sch. (with art. 8)

Sch. 10 applied (29.12.2003) by Communications Act 2003 (c. 21), ss. 406(6), 411(2)(3), Sch. 18 para. 62(7)(a) (with transitional provisions in Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (subject to arts. 3(3), 11)

C2

Sch. 10 applied (with modifications) (20.6.2003) by The Enterprise Act 2002 (Protection of Legitimate Interests) Order 2003 (S.I. 2003/1592), art. 15, Sch. 3 para. 2(1)(b)(3)

C3

Sch. 10 modified by S.I. 2004/3202, reg. 36 (as inserted (18.12.2015) by The Water Mergers (Miscellaneous Amendments) Regulations 2015 (S.I. 2015/1936), regs. 1, 21)