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3(1)Where—U.K.
(a)it appears to the Secretary of State that a person is proposing to carry out development of a kind mentioned in paragraph 1(1)(a), and
(b)the Secretary of State is of the opinion that the proposed development is not covered by an environmental assessment in connection with the High Speed Rail (West Midlands - Crewe) Bill,
the Secretary of State may give notice of that opinion to the proposed developer.
(2)The power conferred by sub-paragraph (1) includes power, exercisable in the same manner, to withdraw a notice under that sub-paragraph.
(3)Where a notice under sub-paragraph (1) has been given (and not withdrawn), paragraph 1 is to be treated as not applying to the carrying out of the development by the proposed developer.
4(1)Where it appears to the Secretary of State that—U.K.
(a)a person is proposing to carry out development of a kind mentioned in paragraph 1(1)(a),
(b)the development is covered by an environmental assessment in connection with the High Speed Rail (West Midlands - Crewe) Bill, and
(c)it is necessary or desirable to do so for the purpose of avoiding a breach of an undertaking given by the Secretary of State to the Select Committee of either House of Parliament to which that Bill was committed,
the Secretary of State may by notice to the proposed developer disapply paragraph 1(1) in relation to the carrying out of the development by that person.
(2)The power conferred by sub-paragraph (1) includes power, exercisable in the same manner, to revoke a notice under that sub-paragraph.