New Roads and Street Works Act 1991

Sections 160(4) and 161(6).

SCHEDULE 7 E+W+S Procedure for making certain orders under Part IV

Publication of proposals S

1 S Where the Secretary of State proposes to make an order under section 160 (effect of Part IV on certain existing special enactments or instruments), or an order under section 161 (effect of Part IV on other existing enactments or instruments) relating to a special enactment or instrument, he shall publish in the Edinburgh Gazette, and in at least one newspaper circulating in the area in relation to which the enactment or instrument in question has effect, a notice—

(a) stating the general effect of the proposed order,

(b) specifying a place in that area where a copy of the draft order may be inspected by any person free of charge at all reasonable hours or may be purchased by any person at a reasonable charge, and

(c) stating that any person may, by notice given to the Secretary of State within three months from the date of the publication of the notice, object to the proposed order.

Notice to parties affected S

2 S Not later than the day on which the notice is published or, if it is published on two or more days, the day on which it is first published, the Secretary of State shall furnish each of the parties specified below by reference to the nature of the order with a copy of the draft order.

Order under section 160(4)(a) relating to protection afforded by an enactment or instrument	The undertaker by whom the power is exercisable and each of the persons to whom the protection in question was afforded.
Order under section 160(4)(b) relating to requirement of consent	The person whose consent would be required and the undertaker who would be required to obtain the consent.
Order under section 160(4)(c) rendering condition valid	The person by whom the condition would be imposed and the undertakers who would be required to comply with it.
Order under section 160(4)(d) modifying enactment or instrument to remove uncertainty or obscurity	As indicated above, according to whether the order relates to the protection afforded by an enactment or instrument, a consent requirement or the validity of a condition.
Order under section 161 amending, repealing or preserving effect of enactment or instrument	Any person whose interests are specially affected by the proposed provision.

Local inquiry S

3 (1) The Secretary of State shall cause a local inquiry to be held if an objection to the proposed order is received by him— S

(a) from a person required to be furnished with a copy of the draft order within three months from the date of his being furnished therewith, or

(b) from any other person appearing to him to be affected within three months from the day on which the notice of the proposed order is published, or if it is published on two or more days from the later or latest of them,

and the objection is not withdrawn.

(2) In the case of an objection made otherwise than by a person required to be furnished with a copy of the draft order, the Secretary of State may dispense with such an inquiry if he is satisfied that it is unnecessary.

4 (1) If the Secretary of State so directs, an inquiry under paragraph 3 shall be held by Commissioners under the M1 Private Legislation Procedure (Scotland) Act 1936. S

(2) A direction under this paragraph is deemed to have been given under section 2 of the M2 Statutory Orders (Special Procedure) Act 1945, as read with section 10 of that Act, and the provisions of that Act with regard to the publication of notices in the Edinburgh Gazette shall, notwithstanding anything contained in that Act, not apply to any order under section 160 which is subject to special parliamentary procedure.

(3) If the Secretary of State does not give a direction under this paragraph, the provisions of section 210(2) to (8) of the M3 Local Government (Scotland) Act 1973 (which relate to the giving of evidence at, and the defraying of costs of, inquiries) apply in relation to a local inquiry held under paragraph 3.

Marginal Citations

M1 1936 c. 52.

M2 9 & 10 Geo. 6 c. 18.

M3 1973 c. 65.

Making of order S

5 S After considering any objections to the order 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 the order either without modification or subject to such modifications as he thinks fit.

Special parliamentary procedure S

6 S If any objection is duly made by a person required to be furnished with a copy of the draft order and is not withdrawn, the order shall be subject to special parliamentary procedure.