SCHEDULE 4PROCEDURE FOR ORDERS MODIFYING OR REVOKING SCHEDULED MONUMENT CONSENT
PART 2PROCEEDING TO MAKE AN ORDER AFTER SERVICE OF NOTICE
I13Making an order under section 20
1
This paragraph applies where a notice under paragraph 1 has been served under Part 1 of this Schedule.
2
The Welsh Ministers may not make the order to which the notice relates unless—
a
the period for making objections to the proposal has ended without an objection being made by a person on whom the notice was served,
b
if an objection was made by such a person within that period, all such objections have been withdrawn, or
c
if an objection was made during that period by such a person and the objection has not been withdrawn, the requirements of sub-paragraphs (3) and (4) have been met.
3
The requirements of this sub-paragraph are met if the Welsh Ministers—
a
cause a local inquiry to be held, or
b
give the person who made the objection an opportunity to appear before and be heard by a person appointed by them.
4
The requirements of this sub-paragraph are met if the Welsh Ministers—
a
consider each objection made as described in sub-paragraph (2)(c) and not withdrawn, and
b
if an inquiry or hearing has been held under sub-paragraph (3), consider the report of the person who held it.
5
Where a person takes the opportunity to appear before and be heard by a person appointed by the Welsh Ministers under sub-paragraph (3)(b), the Welsh Ministers must give each of the following persons the opportunity to be heard on the same occasion—
a
every other person on whom the notice under paragraph 1 was served, and
b
any other person the Welsh Ministers consider appropriate.
6
Where the Welsh Ministers make an order under section 20 by virtue of sub-paragraph (2)(a) or (b), the order must be made on the terms set out by the notice.
7
Where the Welsh Ministers make an order under section 20 by virtue of sub-paragraph (2)(c), the order may be made either on the terms set out in the notice or with modifications.