Highways Act 1980

8 (1) After any objections to the proposed order which are not withdrawn and, where a local inquiry is held, the report of the person who held the inquiry have been considered— E+W

(a) in the case of an order proposed to be made by the Minister, by the Minister and the Secretary of State acting jointly, or

(b) in the case of an order made by a F1 ... highway authority and submitted to the Minister, by the Minister,

the Minister may make or confirm the order either without modification or subject to such modifications as he thinks fit.

(2) The power under this paragraph to make or confirm the order includes power to make or confirm it so far as relating to part of the proposals contained in it (either without modification or subject to such modifications as the Minister thinks fit) while deferring consideration of the remaining part; and where the Minister makes or confirms part of the order, that part and the remaining part are each to be deemed for the purposes of this Act to be a separate order.

(3) Where the Minister proposes to exercise the power to make or confirm the order subject to modifications, and the modifications will in his opinion make a substantial change in the order—

(a) he shall notify any person who appears to him to be likely to be affected by the proposed modifications;

(b) he shall give that person an opportunity of making representations to him with respect to the modifications within such reasonable period as he may specify; and

(c) before he exercises the power, the Minister or, in the case of an order proposed to be made by the Minister, the Minister and the Secretary of State acting jointly shall consider any representations made to the Minister with respect to the proposed modifications within that period.

Textual Amendments

F1 Word in Sch. 1 para. 8(1)(b) omitted (5.3.2015) by virtue of Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 63(7); S.I. 2015/481, reg. 2(a)

Modifications etc. (not altering text)

C1 Sch. 1 para. 8: functions transferred (25.11.2002) by The Transfer of Functions (Transport, Local Government and the Regions) Order 2002 (S.I. 2002/2626), arts. 5, 7 (with art. 8)