Modifications etc. (not altering text)
C1Sch. 1 excluded (21.10.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), ss. 30(6), 34(7)(with savings ss. 47(4), 167(2)); S.I. 1991/2286, art. 2(1), Sch. 1
13(1)Subject to paragraph 19 below, after considering objections (if any) to the proposed scheme which are not withdrawn and, where a local inquiry is held, the report of the person who held the inquiry, the Secretary of State may make or confirm the scheme either without modification or subject to such modifications as he thinks fit.
[F1(1A)Where the Secretary of State has published an environmental statement, the matters to be considered before a scheme is made include—
(a)the statement;
(b)any opinion expressed by a member of the public; and
(c)if the statement relates to land such as is mentioned in section 20A(5) of this Act, any opinion expressed by the appropriate environmental body.]
[F2(1B)When the Secretary of State issues his decision as to whether or not to make the scheme, he shall state that he has considered the matters set out in paragraph 13(1A) above.]
(2)The power under this paragraph to make or confirm the scheme 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 Secretary of State thinks fit) while deferring consideration of the remaining part.
Textual Amendments
F1Sch. 1 para. 13(1A) inserted by S.I. 1988/1221, reg. 74
F2Sch. 1 para. 13(1B) inserted (19.8.1994) by S.I. 1994/2012, reg. 4(e)