Town and Country Planning Act 1990

274 Orders under ss. 271 and 272. E+W

(1) Where a Minister and the appropriate Minister propose to make an order under section 271(6) or 272(6), they shall prepare a draft of the order.

(2) Before making an order under subsection (5) or (6) of section 271, or under subsection (5) or (6) of section 272, the Ministers proposing to make the order shall give the statutory undertakers or, as the case may be, the operator of the telecommunications code system on whom notice was served under subsection (2) of section 271 or, as the case may be, under subsection (2) of section 272 an opportunity of objecting to the application for, or proposal to make, the order.

(3) If any such objection is made, before making the order the Ministers shall consider the objection and give those statutory undertakers or, as the case may be, that operator (and, in a case falling within subsection (5) of either of those sections, the local authority or statutory undertakers on whom the counter-notice was served) an opportunity of appearing before, and being heard by, a person appointed for the purpose by the Secretary of State and the appropriate Minister.

(4) After complying with subsections (2) and (3) the Ministers may, if they think fit, make the order in accordance with the application or, as the case may be, in accordance with the draft order, either with or without modification.

(5) Where an order is made under section 271 or 272—

(a) any right to which the order relates shall be extinguished at the end of the period specified in that behalf in the order; and

(b) if, at the end of the period so specified in relation to any apparatus, any requirement of the order as to the removal of the apparatus has not been complied with, the acquiring or appropriating authority may remove the apparatus and dispose of it in any way the authority may think fit.

(6) In this section references to the appropriate Minister shall in the case of an order under section 272 be taken as references to the Secretary of State for Trade and Industry.

Modifications etc. (not altering text)

C1 Ss. 271-274 applied (with modifications) (7.3.1995) by S.I. 1995/519, art. 28(5), Sch. 5

Ss. 271-274 applied (with modifications) (11.11.1996) by S.I. 1996/2714, art. 48, Sch. 9 para. 1

Ss. 271-274 applied (with modifications) (10.2.1997) by S.I. 1997/264, art. 28, Sch. 9 para. 1

Ss. 271-274 applied (with modifications) (21.5.1997) by S.I. 1997/1266, art. 36, Sch. 10 para. 1

Ss. 271-274 applied (with modifications) (27.8.1998) by S.I. 1998/1936, art. 41, Sch. 10 para. 1

S. 274 extended (19.9.1995) by 1995 c. 25, ss. 65(7), 125(2), Sch. 8 para. 2(3)(a) (with ss. 7(6), 115, 117, Sch. 8 para. 7)

Ss. 271-274 applied (with modifications) (3.6.1999) by S.I. 1999/1555, art. 11, Sch. 2 paras. 1-5

Ss. 271-274 applied (with modifications) (21.7.1999) by S.I. 1999/2129, art. 20, Sch. 3 paras. 1-5

Ss. 271-274 applied (with modifications) (20.8.1999) by S.I. 1999/2336, art. 25, Sch. 6 para. 1

Ss. 271-274 applied (with modifications) (23.8.1999) by S.I. 1999/2981, art. 29, Sch. 11 para. 1

S. 271-274 applied (24.12.1999) by S.I. 2000/428, art. 26, Sch. 4 (with art. 27, Sch. 5)

Ss. 271-274 applied (with modifications) (29.3.2001) by S.I. 2001/1347, art. 35, Sch. 9 para. 1

Ss. 271-274 applied (with modifications) (18.7.2001) by S.I. 2001/2870, art. 25, Sch. 4

Ss. 271-274 applied (24.7.2001) by S.I. 2001/3627, arts. 63, 64, Sch. 11 paras. 1, 2, Sch. 12 para. 5(3)

Ss. 271-274 applied (with modifications) (9.11.2001) by S.I. 2001/3682, art. 33, Sch. 9 para. 1

C2 Ss. 271-274 applied (with modifications) (14.3.2002) by The Chester Guided Busway Order 2002 (S.I. 2002/412), art. 35, Sch. 5 para. 1 (with art. 38)

Ss. 271-274 applied (with modifications) (30.4.2002) by The Heathrow Express Railway Extension Order 2002 (S.I. 2002/1064), art. 28, Sch. 3 para. 1

Ss. 271-274 applied (with modifications) (30.4.2002) by The Piccadilly Line (Heathrow T5 Extension) Order 2002 (S.I. 2002/1065), art. 24, Sch. 6 para. 1-6

Ss. 271-274 applied (with modifications) (30.4.2002) by The Docklands Light Railway (Silvertown and London City Airport Extension) Order 2002 (S.I. 2002/1066), arts. 9, 10, 31, 36, Sch. 10 para. 1

Ss. 271-274 applied (with modifications) (31.5.2002) by The Greater Manchester (Light Rapid Transit System) (Trafford Depot) Order 2002 (S.I. 2002/1327), arts. 9, 10, 26, 29, Sch. 5 para. 1

Ss. 271-274 applied (with modifications) (28.4.2003) by The Network Rail (West Coast Main Line) Order 2003 (S.I. 2003/1075), art. 41, Sch. 12 para. 1 (with art. 40)

Ss. 271-274 applied (25.7.2003 for specified purposes and 29.12.2003 otherwise) by Communications Act 2003 (c. 21), ss. 118, 411, Sch. 4 para. 3(5)(6)(c) (with transitional provisions in Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with transitional provisions in arts. 3-6); S.I. 2003/3142, arts. 1(2), 3(2) (with art. 11)

Ss. 271-274 applied (12.1.2004) by The Alconbury Airfield (Rail Facilities and Connection to East Coast Main Line) Order 2003 (S.I. 2003/3364), arts. 7, 8, 25, Sch. 6 para. 1

S. 274 applied (with modifications) (4.3.2004) by The Network Rail (West Coast Main Line) Order 2004 (S.I. 2004/389), art. 39, Sch. 12 para. 1, Sch. 13 para. 42 (with art. 38)

Ss. 271-274 applied (with modifications) (2.4.2004) by The Docklands Light Railway (Woolwich Arsenal Extension) Order 2004 (S.I. 2004/757), arts. 10, 35, 41, Sch. 12 para. 1, Sch. 16 para. 2

Ss. 271-274 applied (with modifications) (19.11.2004) by The Scarweather Sands Offshore Wind Farm Order 2004 (S.I. 2004/3054), art. 30, Sch. 4 para. 1 (with art. 38)

C3 S. 274(3) modified (18.12.1996) by 1996 c. 61, s. 8(5)(a)

C4 S. 274(5) modified (18.12.1996) by 1996 c. 61, s. 8(5)(b)