Maritime Area Planning Act 2021
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Steps preliminary to deciding whether or not to issue direction under section 31 | ||
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32. (1) This section applies where the Minister is minded to give a direction under section 31 (in this section referred to as the “direction concerned”) to a public body (in this section referred to as the “public body concerned”). | ||
(2) The Minister shall, in the interests of procedural fairness, give a notice in writing to the public body concerned to which is attached a draft of the direction concerned stating that— | ||
(a) the Minister is minded to give that direction to that body, and | ||
(b) the body may, if it wishes to do so, within the period specified in the notice (being a period of not less than four weeks from the giving of the notice) make submissions in writing to the Minister on the direction. | ||
(3) Where the Minister receives submissions referred to in subsection (2) before the expiration of the period referred to in that subsection, he or she may, after having regard to those submissions— | ||
(a) give the direction concerned to the public body concerned with such revisions to the direction as the Minister considers are warranted in view of those submissions, | ||
(b) give the direction concerned to the public body concerned without any revisions to the direction if the Minister considers that no such revisions are warranted in view of those submissions, or | ||
(c) decline to give the direction concerned to the public body concerned if the Minister considers that— | ||
(i) in view of those submissions, the direction is not warranted, or | ||
(ii) for any other reason, the direction is no longer warranted. | ||
(4) Where the Minister receives no submissions referred to in subsection (2) before the expiration of the period referred to in that subsection, he or she may— | ||
(a) give the direction concerned to the public body concerned, or | ||
(b) decline to give the direction concerned to the public body concerned if the Minister considers that, for any reason, the direction is no longer warranted. | ||
(5) Where subsection (3)(c) or (4)(b) applies, the Minister shall, as soon as is practicable after making the decision referred to in that subsection, give notice in writing of that decision to the public body concerned. |