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Schedule 15, paragraph 8

WCA 1981

The Secretary of State shall not confirm an order with modifications so as— except after complying with the requirements of sub-paragraph (2). to affect land not affected by the order; not to show any way shown in the order or to show any way not so shown; or to show as a highway of one description a way which is shown in the order as a highway of another description, The said requirements are that the Secretary of State shall— give such notice as appears to him requisite of his proposal so to modify the order, specifying the time (which shall not be less than 28 days from the date of the first publication of the notice) within which, and the manner in which, representations or objections with respect to the proposal , which must include particulars of the grounds relied on, may be made; if any representation or objection duly made is not withdrawn (but subject to sub-paragraph (3)), hold a local inquiry or afford any person by whom any such representation or objection has been made an opportunity of being heard by a person appointed by the Secretary of State for the purpose; and consider the report of any person appointed to hold an inquiry or to hear representations or objections. The Secretary of State may, but need not, act as mentioned in sub-paragraph (2)(b) if, in his opinion, no representation or objection which has been duly made and not withdrawn relates to an issue which would be relevant in determining whether or not to confirm the order in accordance with his proposal. Sub-paragraph (2)(a) shall not be construed as limiting the grounds which may be relied on at any local inquiry or hearing held under this paragraph.

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Source: legislation.gov.uk · retrieved 2026-07-30