Regulation 3 Specifying existing facilitiesI1

An existing facility may not be specified in a scheme if that facility was first provided more than ten years before the date on which notice is given under section 115(1) of the Act.

An existing facility which was first provided more than five years before the date on which notice is given under section 115(1) of the Act may not be specified in a scheme if any person who, on that date, is relying on that facility in providing a local service has objected to it being specified, and that objection has not been withdrawn.