SCHEDULES

SCHEDULE 2 Procedure etc.

Part I Orders and Decisions Under Sections 3, 4 and 6

Decision

6

1

The F4lead enforcement authority shall take into account in deciding whether to proceed with F1its proposal any written or oral representations made in accordance with the preceding provisions of this Schedule.

2

If the F5lead enforcement authority considers that F1it should proceed with F1its proposal but for a reason which differs, or on grounds which differ, from those set out in the notice of the proposal under paragraph 2 above, F1it shall give a further notice under that paragraph.

3

In any case where—

a

a notice under paragraph 2 above gives more than one reason for the proposal or (in the case of a proposal to make an order under section 3 of this Act) sets out more than one matter which the F8lead enforcement authority intends should be specified as the grounds for the order, and

b

it appears to the F8lead enforcement authority that one or more of those reasons should be abandoned or, as the case may be, that one or more of those matters should not be so specified,

the F8lead enforcement authority may nevertheless decide to proceed with F1its proposal on the basis of any other reason given in the notice or, as the case may be, on any other grounds set out in the notice.

7

If the F6lead enforcement authority decides not to proceed with F2its proposal F2it shall give notice of that decision to the person affected and, in the case of a notice of a decision on an application under section 6 of this Act, such a notice shall be combined with a notice under subsection (3) of that section.

8

If the F7lead enforcement authority decides to proceed with F3its proposal F3it may, if F3it thinks fit having regard to any representations made to F3it —

a

where the proposal is for the making of an order, make the order in a form which varies from that of the proposed order mentioned in the notice under paragraph 2 above, or

b

where the proposal is to vary an order, make a variation other than that mentioned in the notice under paragraph 2 above, or

c

where the proposal is to refuse to revoke an order, vary the order.