Trunk Roads Act 1946

Section 2.

SECOND SCHEDULE Procedure for making Orders

1 Before making the order the Minister shall publish in at least one local newspaper circulating in the area in which any road to which the order relates is situated and in the London or Edinburgh Gazette, as the case may be, a notice—

(a) stating the general effect of the order ;

(b) specifying a place in the said area where a copy of the draft order and of any relevant map or plan may be inspected by any person free of charge at all reasonable hours during a period of three months from the date of the publication of the notice; and

(c) stating that, within the said period, any person may by notice to the Minister object to the making of the order.

2 Not later than the date on which the said notice is published as aforesaid, the Minister shall serve a copy thereof (together with a copy of the draft order and of any relevant map or plan) on the council of every county, county borough or metropolitan borough in which any road to which the order relates is situated, and, in the case of a road situated in any other borough or in an urban district, on the council of that borough or urban district.

3 Where the order provides for the stopping up of a junction between a trunk road and any other road, the Minister shall, not later than the date on which the notice is published as aforesaid, cause a copy thereof to be displayed in a prominent position at the junction which is proposed to be so stopped up.

4 If before the expiration of the said period of three months an objection is received by the Minister from any council on whom a notice is required to be served under this Schedule, or from any other person appearing to him to be affected by the order, and the objection is not withdrawn, the Minister shall cause a local inquiry to be held provided that except where the objection is made by any such council as aforesaid, the Minister may dispense with such an inquiry if he is satisfied that in the special circumstances of the case the holding of such an inquiry is unnecessary.

5 After considering any objections to the order which are not withdrawn, and, where a local inquiry is held, the report of the person who held the inquiry, the Minister may make the order either without modification or subject to such modifications as he thinks fit.