Highways Act 1980

[F1 2A (1) [F2 The following decisions- E+W

(a) a decision of the Secretary of State under paragraph 2 above as respects an order made by an authority other than the Secretary of State including any related decision under section 120(5) of this Act, and

(b) a decision of the Secretary of State under section 121E(1)(c) of this Act, including any related decision under section 120(5) of this Act,

shall], except in [F3 the case of a rail crossing extinguishment order, the case of a rail crossing diversion order] and such classes of case as may be for the time being be prescribed or as may be specified in directions given by the Secretary of State, be made by a person appointed by the Secretary of State for the purpose instead of by the Secretary of State; and a decision made by a person so appointed shall be treated as a decision of the Secretary of State.

(2) The Secretary of State may, if he thinks fit, direct that a decision which, by virtue of sub-paragraph (1) above and apart from this sub-paragraph, falls to be made by a person appointed by the Secretary of State shall instead be made by the Secretary of State; and a direction under this sub-paragraph shall state the reasons for which it is given and shall be served on the person, if any, so appointed, the authority and any person by whom a representation or objection has been duly made and not withdrawn.

(3) Where the Secretary of State has appointed a person to make a decision under paragraph 2 above the Secretary of State may, at any time before the making of the decision, appoint another person to make it instead of the person first appointed to make it.

(4) Where by virtue of sub-paragraph (2) or (3) above a particular decision falls to be made by the Secretary of State or any other person instead of the person first appointed to make it, anything done by or in relation to the latter shall be treated as having been done by or in relation to the former.

(5) Provision may be made by regulations of the Secretary of State for the giving of publicity to any directions given by the Secretary of State under this paragraph.]

Textual Amendments

F1 Sch. 6 Pt. I para. 2A inserted by Wildlife and Countryside Act 1981 (c. 69, SIF 4:5), s. 73, Sch. 16 paras. 7, 10(2)

F2 Words in Sch. 6 para. 2A substituted (12.2.2003 and 21.5.2007 for E. for specified purposes,15.7.2005 for W. for specified purposes and otherwise prosp.) by 2000 c. 37, ss. 57, 103(3), Sch. 6 Pt. I para. 23(7); S.I. 2003/272, art. 2(a)(p); S.I. 2005/1314, art. 3(d)(viii)(ff); S.I. 2007/1493, art. 2

F3 Words in Sch. 6 para. 2A(1) inserted (22.12.1992 for certain purposes and otherwise 31.1.1993) by Transport and Works Act 1992 (c. 42), s. 47, Sch. 2 para. 10(3); S.I. 1992/3144, arts. 2, 3, Sch.