§ PROCEDURE FOR DEALING WITH OBJECTIONS UNDER SECTIONS 26 AND 27.
§ 1.—(1) The following provisions of this Schedule shall have effect where an objection is duly made to the making of an order under Section twenty-six or twenty-seven of this Act, and is not withdrawn.
§ (2) An objection shall not be deemed for the purposes of any of the said enactments or of this Schedule to be duly made unless—
- (a) it is made within the time and in the manner specified in the notice required by the relevant enactment referred to in the preceding sub-paragraph, and
- (b) the objection comprises, or there is submitted therewith, a statement in writing of the grounds thereof.
§ (3) In this Schedule, the expression "the Minister" means the Minister or Ministers having jurisdiction to make or confirm the order in question.
§ 2. Unless the Minister decides apart from the objection not to make or confirm the order, or decides to make a modification agreed to by the person making the objection as meeting the objection, the Minister shall, before deciding whether to make or confirm the order, or what modification if any ought to be made, consider the grounds of the objection as set out in the statement, and may, if he thinks fit, require the person making the objection to submit within a specified period a further statement in writing as to any of the matters to which the objection relates.
§ 3. In so far as the Minister is satisfied, after considering the grounds of the objection as set out in the original statement and any such further statement that the objection relates to a matter which can be dealt with by an arbitrator by whom compensation is to be assessed, the Minister may treat the objection as irrelevant for the purposes of his deciding as aforesaid.
§ 4. If after considering the grounds of the objection as set out in the original statement and any such further statement, the Minister is satisfied that he is sufficiently informed, for the purpose of his deciding as aforesaid, as to the matters to which the objection relates, or if where a further statement has been required or is not submitted within the specified period, the Minister may decide as aforesaid without further investigation as to those matters.
§ 5. Subject as mentioned in the two last preceding paragraphs, the Minister shall, before deciding as aforesaid, afford to the person making the objection an opportunity of appearing before and being heard by a person 95 appointed for the purpose by the Minister, and if he avails himself thereof the Minister shall afford an opportunity of appearing and being heard on the same occasion to the authority or other person (if any) making the application or representation or submitting the order in question and to any other persons to whom it appears to the Minister to be expedient to afford it.
§ 6. Notwithstanding anything in paragraphs 2 to 5 of this Schedule, if it appears to the Minister that the matters to which the objection relates are such as to require investigation by public local inquiry before he decides as aforesaid, 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 paragraphs to which effect has not been given at the time when he so determines shall be dispensed with.