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Paragraph 12 F1

England, Wales and Scotland

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

Before making an order under sub-paragraph F2(4A) or (5) of paragraph 11 above, the F3appropriate Minister and the Assembly, or the Ministers proposing to make the order, as the case may be proposing to make the order—

(a)

shall afford to the statutory undertakers on whom a notice was served under sub-paragraph (2) of that paragraph an opportunity of objecting to the application for the order; and

F4(b)

if any objection is made, shall consider the objection and afford to—

(i)

the statutory undertakers and the Assembly, in the case of an order under sub-paragraph (4A) of paragraph 11 above, or

(ii)

the statutory undertakers, in the case of an order under sub-paragraph (5) of paragraph 11 above,

an opportunity of appearing before, and being heard by, a person appointed for the purpose by the Assembly and the appropriate Minister, or the Secretary of State and the appropriate Minister, as the case may be.

(2)

The F5appropriate Minister and the Assembly, or the Ministers proposing to make the order, as the case may be, may then, if they think fit, make the order in accordance with the application either with or without modification.

(3)

Where an order is made under paragraph F611(4A) or 11(5) above—

(a)

any right to which the order relates shall be extinguished at the end of the period specified in that behalf in the order; and

(b)

if, at the end of the period so specified in relation to any apparatus, any requirement of the order as to the removal of the apparatus has not been complied with, the F7Assembly may remove the apparatus and dispose of it in any way F8it thinks appropriate.

Annotations

Textual amendments

F1

Sch. 4 inserted (1.10.1998) by 1998 c. 38, s. 127, Sch. 13 para. 3 (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 4.

F2

Words in Sch. 4 para. 12(1) inserted (1.4.2006) by The Welsh Development Agency (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3226), arts. 1(1)(2), 7(1), Sch. 1 para. 33(6)(a)(i) (with art. 3(1))

F3

Words in Sch. 4 para. 12(1) substituted (1.4.2006) by The Welsh Development Agency (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3226), arts. 1(1)(2), 7(1), Sch. 1 para. 33(6)(a)(ii) (with art. 3(1))

F4

Sch. 4 para. 12(1)(b) substituted (1.4.2006) by The Welsh Development Agency (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3226), arts. 1(1)(2), 7(1), Sch. 1 para. 33(6)(b) (with art. 3(1))

F5

Words in Sch. 4 para. 12(2) substituted (1.4.2006) by The Welsh Development Agency (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3226), arts. 1(1)(2), 7(1), Sch. 1 para. 33(6)(c) (with art. 3(1))

F6

Words in Sch. 4 para. 12(3) inserted (1.4.2006) by The Welsh Development Agency (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3226), arts. 1(1)(2), 7(1), Sch. 1 para. 33(6)(d) (with art. 3(1))

F7

Sch. 4 para. 12: words in Act substituted (1.4.2006) by The Welsh Development Agency (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3226), arts. 1(1)(2), 7(1), {Sch. 1 para. 1, 2} (with art. 3(1))

F8

Words in Sch. 4 para. 12(3)(b) substituted (1.4.2006) by The Welsh Development Agency (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3226), arts. 1(1)(2), 7(1), Sch. 1 para. 33(6)(e) (with art. 3(1))

Notes on Schedule 4

Textual amendments

F1

Sch. 4 inserted (1.10.1998) by 1998 c. 38, s. 127, Sch. 13 para. 3 (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 4

Notes on Part III

Textual amendments

F1

Sch. 4 inserted (1.10.1998) by 1998 c. 38, s. 127, Sch. 13 para. 3 (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 4.

Notes on Orders under paragraph 11

Textual amendments

F1

Sch. 4 inserted (1.10.1998) by 1998 c. 38, s. 127, Sch. 13 para. 3 (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 4.