Paragraph 7

Scotland

After considering any objections to the application which are not withdrawn and, where a public local inquiry is held, the report of the person who held the inquiry, the Secretary of State may make a control order as proposed in the application or with such modifications to these proposals as (subject to the next following sub-paragraph) he thinks fit, or may refuse to make a control order:

Provided that the Secretary of State shall not make a control order with any modification to the proposals in the application unless he has first—

(a)

intimated the terms of the modification to the parties on whom a copy of the notice mentioned in paragraph 3 of this Schedule is required by that paragraph to be served and on any other person who in the Secretary of State’s opinion may be affected by the modification;

(b)

given them an opportunity to make representations there-anent; and

(c)

considered any representations so made.

Notes on the whole Act

Textual amendments

F1: Act repealed (01.10.1991) by Natural Heritage (Scotland) Act 1991 (c. 28, SIF 130), s. 27(2), Sch.11; S.I. 1991/2187, art. 3, Sch.