OpenLegislation

Regulation 13 ModificationsI1

Scotland

(1)

The authority shall not make the order with modifications where–

(a)

any of the modifications would involve a departure from the order in the form to which the Secretary of State or Crown authority has given his or its consent, or

(b)

in a case where under paragraph 1 and 2 of Schedule 9 to the Act the Secretary of State has directed the authority to make the order, any of the modifications would involve a departure from the form in which he has directed the order to be made, or

(c)

in a case where the consent of the Secretary of State is not required by or under paragraph 13 of Schedule 9 to the Act, any of the modifications would extend the application of the order or increase the stringency of any prohibition or restriction contained in it,

but subject as aforesaid the authority may make the order with modifications, whether in consequence of any objections or otherwise.

(2)

Where the Secretary of State proposes to consent to the order with modifications which appear to him substantially to affect the character of the order as submitted to him, the authority shall, before making the order, take such steps as the Secretary of State may require for informing the persons likely to be concerned of the effect of the modifications, for giving to those persons an opportunity to make representations in connection therewith and for ensuring that any such representations are considered by the authority and (if he so requests) by the Secretary of State.

Annotations

Commencement

I1

Reg. 13 in force at 1.4.1999, see reg. 1