I2Part I Orders authorising works etc
Procedure for making orders
I1C17 Orders under sections 1 and 3 made otherwise than on application.
1
The Secretary of State may without any application being made to him make—
a
an order under section 1 above which relates to, or to matters ancillary to, the construction for naval, military, air force or other defence purposes of a railway, tramway or other system within section 1(1), or the operation of a railway, tramway or other system constructed for those purposes;
b
an order under section 1 or 3 above making any provision which appears to the Secretary of State to be necessary or expedient, in the interests of safety,—
i
for the purpose of suspending or discontinuing any operations, or
ii
in consequence of the abandonment or neglect of any works;
c
an order under section 1 or 3 above repealing or revoking provisions which appear to the Secretary of State to be spent.
2
An order made by virtue of subsection (1)(b) above may include provision for the recovery by the Secretary of State of the costs of making the order and of carrying its provisions into effect.
3
Where the Secretary of State proposes to make an order by virtue of this section, he shall—
a
prepare a draft of the order,
F1b
publish a notice of his intention to make the order, which notice shall include such particulars as may be prescribed, in the London Gazette and in a local newspaper circulating in the area (or each of the areas) in which the proposals contained in the draft order are intended to have effect, and
c
give such further notices of the proposal as may be prescribed.
4
The power to make provision by rules under section 6 above in relation to applications shall include power to make such corresponding provision as the Secretary of State considers appropriate in relation to proposals to make orders by virtue of this section; and in subsection (3) above “prescribed” means prescribed by rules under section 6.
Pt. I (ss. 1-25) wholly in force at 1.1.1993 see s. 70 and S.I. 1992/2784, art. 2, Sch. 1