Textual Amendments
F1Sch. 3 substituted (1.2.2000) by The Harbour Works (Environmental Impact Assessment) Regulations 1999 (S.I. 1999/3445), reg. 15(4), Sch. 3
Modifications etc. (not altering text)
C1Sch. 3 modified (1.4.2001) by 2000 c. 38, s. 37, Sch. 5 para. 1(2)(j) (with s. 106); S.I. 2001/869, art.2
10(1)An applicant shall arrange for a notice to be published—E+W+S
(a)by Gazette and local advertisement, and
(b)in such other ways as the Secretary of State may direct.
(2)The notice must—
(a)state that an application has been made for the order,
(b)state the Secretary of State’s decision under paragraph 4 and any reasons given under paragraph 6(1),
(c)state whether an environmental statement has been supplied under paragraph 8(1),
(d)contain a concise summary of the draft order,
(e)give a general description of any land proposed for compulsory acquisition and of the nature of any works proposed to be authorised, and
(f)state that any person who desires to object to the application should do so in writing to the Secretary of State, specifying the grounds of the objection, before the expiry of the period of 42 days starting with a date specified in the notice.
(3)The date specified in accordance with sub-paragraph (2)(f) must be the date on which the notice first appears in a local newspaper.
(4)The notice must also specify a place where copies of the following documents can be inspected at all reasonable hours—
(a)the draft order,
(b)the decision of the Secretary of State referred to in sub-paragraph (2)(b),
(c)any environmental statement supplied under paragraph 8(1), and
(d)any map accompanying the application.
(5)The copy of the map referred to in sub-paragraph (4)(d) must be drawn to the same scale as that map.
11E+W+SIf the order will authorise the compulsory acquisition of land the applicant shall, in respect to each parcel of land, serve a notice on every owner, lessee and occupier other than a tenant for a month or any period less than a month—
(a)stating that an application has been made to the Secretary of State for the making of an order which will authorise the compulsory acquisition of the parcel,
(b)naming a place where a copy of the draft order may be inspected at all reasonable hours,
(c)naming a place where a copy of any relevant map accompanying the application, drawn to the same scale and delineating the boundaries of the parcel, may be inspected at all reasonable hours, and
(d)stating that if the person on whom the notice is served wishes to object to the application so far as regards the compulsory acquisition of the parcel he should do so in writing to the Secretary of State, specifying the grounds of his objection, before the expiry of the period of 42 days starting with the date on which the notice is served on him.
12(1)If the order will result in the extinguishment or diversion of a public right of way over a footpath or bridleway, the applicant shall—E+W+S
(a)serve a notice on every local authority for the area in which the footpath or bridleway is situated, and
(b)cause a copy of the notice to be displayed in a prominent position at each end of the part of the footpath or bridleway which would by virtue of the order cease to be subject to the public right of way.
(2)The notice mentioned in sub-paragraph (1) must—
(a)state that an application has been made to the Secretary of State for the making of an order which will result in the extinguishment or diversion of the public right of way over the footpath or bridleway,
(b)name a place where a copy of the draft order may be inspected at all reasonable hours,
(c)name a place where a copy of any relevant map accompanying the application, drawn to the same scale, may be inspected at all reasonable hours, and
(d)state that any person who desires to object to the application, so far as regards the extinguishment or diversion of the public right of way, should do so in writing to the Secretary of State, specifying the grounds of the objection, before the expiry of the period of 42 days starting with—
(i)in the case of a local authority served with a notice under paragraph 12(1)(a), the date on which the notice is served on them, or
(ii)in the case of any other person, the date specified in the notice displayed under paragraph 12(1)(b).
(3)In this paragraph “local authority" means—
(a)in England, a county council, a district council, a London borough council, the Common Council of the City of London, the Council of the Isles of Scilly, a parish council and a parish meeting of a parish not having a separate parish council,
(b)in Wales, a county council, a county borough council and a community council, and
(c)in Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994.
13(1)If the applicant is not the harbour authority, the applicant shall serve on that authority a copy of the draft order and of any map accompanying the application together with a notice stating—E+W+S
(a)that the application has been made to the Secretary of State, and
(b)that if the authority wish to object to the application is should do so in writing to the Secretary of State, specifying the grounds of its objection, before the expiry of the period of 42 days starting with the date on which the notice is served on it.
(2)The copy of the map referred to in sub-paragraph (1) must be drawn to the same scale as that map.
14E+W+SThe Secretary of State may require the applicant to serve on any specified person within any specified period of time the documents required to be served under paragraph 13.]