Office of Public Sector Information

(10) Subject to sub-paragraph (8), the validity of an order under this paragraph shall not be questioned in any legal proceedings whatsoever, either before or after the order has been made.

15 (1) For the purposes of paragraphs 12 and 14, an objection to the making of an order thereunder shall not be treated as duly made unless—

(a) the objection is made within the time and in the manner specified in the notice required by paragraph 13 or 14 (as the case may be), and

(b) a statement in writing of the grounds of the objection is comprised in or submitted with the objection.

(2) Where an objection to the making of such an order is duly made in accordance with sub-paragraph (1) and is not withdrawn, the following provisions of this paragraph shall have effect in relation thereto; but, in the application of those provisions to an order under paragraph 12, any reference to the appropriate Minister shall be construed as a reference to the Secretary of State and the appropriate Minister.

(3) Unless the appropriate Minister decides apart from the objection not to make the order, or decides to make a modification which is agreed to by the objector as meeting the objection, the appropriate Minister, before making a final decision—

(a) shall consider the grounds of the objection as set out in the statement, and

(b) may, if he thinks fit, require the objector to submit within a specified period a further statement in writing as to any of the matters to which the objection relates.

(4) In so far as the appropriate Minister after considering the grounds of the objection as set out in the original statement and in any such further statement, is satisfied that the objection relates to a matter which can be dealt with in the assessment of compensation, the appropriate Minister may treat the objection as irrelevant for the purpose of making a final decision.

(5) In any case where—

(a) after considering the grounds of the objection as set out in the original statement and in any such further statement, the appropriate Minister is satisfied that, for the purpose of making a final decision, he is sufficiently informed as to the matters to which the objection relates, or

(b) a further statement has been required but is not submitted within the specified period,

the appropriate Minister may make a final decision without further investigation as to the matters to which the objection relates.

(6) Subject to sub-paragraphs (4) and (5), the appropriate Minister, before making a final decision, shall afford to the objector an opportunity of appearing before, and being heard by, a person appointed for the purpose by the appropriate Minister; and if the objector avails himself of that opportunity, the appropriate Minister shall afford an opportunity of appearing and being heard on the same occasion—

(a) to the person on whose representation the order is proposed to be made, and

(b) to any other persons to whom it appears to the appropriate Minister to be expedient to afford such an opportunity.

(7) Notwithstanding anything in the preceding provisions of this paragraph, if it appears to the appropriate Minister that the matters to which the objection relates are such as to require investigation by public local inquiry before he makes a final decision, he shall cause such an inquiry to be held; and where he determines to cause such an inquiry to be held, any of the requirements of those provisions to which effect has not been given at the time of that determination shall be dispensed with.

(8) In this paragraph any reference to making a final decision, in relation to an order, is a reference to deciding whether to make the order or what modification (if any) ought to be made.

Interpretation

16 (1) Any expression used in this Schedule to which a meaning is assigned by paragraph 1 of Schedule 4 to the [1984 c. 12.] Telecommunications Act 1984 has that meaning in this Schedule.

(2) In this Schedule “statutory undertakers” means persons who are or are deemed to be statutory undertakers for the purposes of any provision of Part XI of the [1990 c. 8.] Town and Country Planning Act 1990; and “statutory undertaking” shall be construed in accordance with section 262 of that Act (meaning of “statutory undertaker”).

(3) In this Schedule “the appropriate Minister” shall be construed as if contained in Part XI of the Town and Country Planning Act 1990; and any reference to the Secretary of State and the appropriate Minister shall be similarly construed.

Section 32.

SCHEDULE 7 Minor amendments

Public Records Act 1958 (c. 51)

1 In Schedule 1 to the Public Records Act 1958, in Part II of the Table in paragraph 3 there is inserted at the appropriate place “A development agency established under section 1 of the Regional Development Agencies Act 1998.”

Parliamentary Commissioner Act 1967 (c. 13)

2 In Schedule 2 to the Parliamentary Commissioner Act 1967, there is inserted at the appropriate place “Regional development agencies”.

Local Authorities (Goods and Services) Act 1970 (c. 39)

3 The Local Authorities (Goods and Services) Act 1970 shall have effect as if regional development agencies were both local authorities and public bodies for the purposes of that Act, other than section 2(2).

House of Commons Disqualification Act 1975 (c. 24)

4 In Part II of Schedule 1 to the House of Commons Disqualification Act 1975, there is inserted at the appropriate place “A development agency established under section 1 of the Regional Development Agencies Act 1998”.

Northern Ireland Assembly Disqualification Act 1975 (c. 25)

5 In Part II of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975, there is inserted at the appropriate place “A development agency established under section 1 of the Regional Development Agencies Act 1998”.