34.—(1) The Department may make an order (an “extension toll order”) authorising the charging of tolls by the Department in relation to a road which is or has been subject to a concession.
(2) Any extension toll order must be made so as to come into operation not later than—
(a)the end of the toll period under the previous toll order; or
(b)where the concession agreement terminates or is terminated before the end of that period, two years after the termination of the agreement,
whichever is the earlier.
(3) The following provisions of this Part apply in relation to an extension toll order as in relation to a toll order under Article 28(1)—
Article 29(1) and (2) (the toll period);
Article 31 (amount of tolls chargeable by Department);
Article 32 (application of statutory provisions relating to monopolies, etc.);
Article 33 (variation or revocation of order);
Articles 35 to 39 (further provisions with respect to tolls); and
Article 40 (annual report by Department).
(4) An extension toll order shall be subject to negative resolution and the provisions of Schedule 3 shall not apply to such an order.