Regulation 4 Specification of existing facilities

Notwithstanding regulation 3 above, existing facilities which were provided for more than five, but no more than ten, years before the scheme is proposed may be specified in a scheme but only with the consent of all operators who, at the time of the relevant proposal, customarily use those facilities in the provision of local services.

The consent mentioned in paragraph (1) above must be detailed in the scheme when made.