Part I E+W+S
1E+W+SWhere it appears to the Secretary of State, upon a representation made by the person carrying on a statutory undertaking, that in order to facilitate any adjustment of the carrying on of the undertaking necessitated by any order made or proposed to be made under or in pursuance of Part II of this Act, or by any direction given or proposed to be given in pursuance of the said Part II, it is expedient that the powers and duties of the said person in relation to the carrying on of the undertaking should be extended or modified, the Secretary of State may by order provide for such extension or modification of the said powers and duties as appears to him to be requisite for facilitating the adjustment.
2E+W+SWithout prejudice to the generality of paragraph 1 above, an order under this Part of this Schedule may provide—
(a)for empowering the person carrying on the undertaking to acquire, whether compulsorily or by agreement, any land specified in the order and to erect or construct any buildings or works so specified;
(b)for applying in relation to the acquisition of such land and the construction of such works enactments relating to the acquisition of land and the construction of works;
and for such incidental and supplemental matters as appear to the Secretary of State to be expedient for the purposes of the order.
3E+W+SAs soon as may be after the making of a representation under this part of this Schedule, the person carrying on the undertaking shall publish, in such form and manner as may be directed by the Secretary of State, a notice giving such particulars as may be so directed of the matters to which the representation relates and specifying the time within which, and the manner in which, objections to the making of an order on the representation may be made, and shall also, if it is so directed by the Secretary of State, serve a like notice on such persons, or persons of such classes, as may be so directed.
4E+W+SThe provisions of [F1section 278 of the Town and Country Planning Act 1990] and [F2section 231 of the Town and Country Planning (Scotland) Act 1997] shall have effect as if—
(a)references in the [F3the said section 278 to section 275 or 276 of the said Act of 1990],
[F4and]
(b)references in the said [F5section 231 to section 228 of the said Act of 1997], F6. . .
F6(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
included references to this Part of this Schedule; and subject to those provisions in a case in which they have effect, the Secretary of State may, if he thinks fit, make an order.
Textual Amendments
F1Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 55(5)(a)(i)
F2Words in Sch. 10 para. 4 substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 35(5)(a)(i)
F3Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 55(5)(a)(ii)
F4Word in Sch. 10 para. 4 inserted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 35(5)(a)(ii)
F5Words in Sch. 10 para. 4(b) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 35(5)(a)(iii)
F6Sch. 10 para. 4(c) and the preceding “and” repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I
5E+W+SAn order under this Part of this Schedule shall be subject to special parliamentary procedure.