SCHEDULE 4 MODIFICATIONS OF THE ACT

PART V MODIFICATIONS OF THE ACT (DISCONTINUANCE NOTICES)
2 In section 79—
(a) for subsection (1) substitute—

“(1) Where an appeal is brought in respect of a discontinuance notice the Secretary of State may—
(a) allow or dismiss the appeal, or
(b) reverse or vary any part of the discontinuance notice (whether the appeal relates to that part of it or not),
and may deal with the matter as if an application for express consent had been made and refused for the reasons stated for the taking of discontinuance action.”

;
(b) for subsection (4) substitute—

“(4) On the determination of an appeal under section 78 the Secretary of State shall give such directions as may be necessary for giving effect to his determination, including, where appropriate, directions for quashing the discontinuance notice or for varying its terms in favour of the appellant.”

;
(c) omit subsection (6);
(d) in subsection (6A), after the word “appeal” the first time it appears, insert “in respect of a discontinuance notice”.
Sch. 4 Pt. V in force at 6.4.1992, see reg. 1