Paragraph 4
England, Wales and Scotland
Where the proper notices concerning an application for the making of a compulsory purchase order have been published and served under the last foregoing paragraph, and an objection to the application is duly made by F1any such owner, lessee or occupier as aforesaidany such person as is mentioned in paragraph 3(b) and is not withdrawn, the Minister shall in no event grant the application without either causing a public inquiry to be held with respect to the objection and considering the report of the person who held it or affording to the objector an opportunity of appearing before and being heard by a person appointed by the Minister for the purpose and considering the report of the person so appointed.
If any such owner, lessee or occupier as aforesaidany such person as is mentioned in paragraph 3(b) by whom an objection has been made avails himself of the opportunity of being heard, the Minister shall afford to the applicant for the order, and to any other persons to whom it appears to the Minister expedient to afford it, an opportunity of being heard on the same occasion.
Notwithstanding anything in the two last foregoing sub-paragraphs, the Minister may require F2any such owner, lessee or occupier as aforesaidany such person who has made an objection to state in writing the grounds thereof, and may disregard for the purposes of this paragraph an objection made by any such owner, lessee or occupier as aforesaidany such person if he is satisfied that the objection relates exclusively to matters which can be dealt with by F3, in the application of this Act to England and Wales, the Upper Tribunal or, in the application of this Act to Scotland, the Lands Tribunal for Scotland .
In relation to Scotland any inquiry required by sub-paragraph (1) of this paragraph shall, if the Minister so directs, be held by Commissioners under the M1Private Legislation Procedure (Scotland) Act 1936, and where any direction is so given—
it shall be deemed to have been given under section two, as read with section ten, of the M2Statutory Orders (Special Procedure) Act 1945;
the publication and service under the last foregoing paragraph of the proper notices concerning the application for the making of the order shall be deemed to be sufficient compliance with the requirements of subsection (1) of the said section two with regard to the giving of notice by advertisement; and
subsection (2) of section forty-seven of this Act shall not apply to such inquiry.
Annotations
Textual amendments
- F1
Words in Sch. 2 para. 4(1)(2) substituted (E.W.) (24.5.2007) by Planning and Compulsory Purchase Act 2004 (Corresponding Amendments) Order 2007 (S.I. 2007/1519), art. 1(1), Sch. para. 4(4)(b)(i) (with art. 1(3))
- F2
Words in Sch. 2 para. 4(3) substituted (E.W.) (24.5.2007) by Planning and Compulsory Purchase Act 2004 (Corresponding Amendments) Order 2007 (S.I. 2007/1519), art. 1(1), Sch. para. 4(4)(b)(ii) (with art. 1(3))
- F3
Words in Sch. 2 para. 4(3) substituted (1.6.2009) by The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307), art. 1, Sch. 1 para. 50 (with Sch. 5)
Marginal citations
- M1
- M2
Notes on Schedule SECOND
Textual amendments
- F1
Word in Sch. 2 inserted (21.3.2012) by Energy Act 2011 (c. 16), ss. 108(5)(a), 121(1); S.I. 2012/873, art. 2(b)(iii)
Modifications
- C1
Sch. 2 (except para. 8): transfer of certain functions (1.7.1999) by S.I. 1999/1750, arts. 1, 2, Sch. 1 (with art. 7)
Sch. 2: certain functions exercisable (30.6.1999) by S.I. 1999/1756, arts. 1, 2, Sch. para. 1 (with art. 8)