Roads (Scotland) Act 1984

Sections, 5, 7, 9, 12, 75 and 77.

SCHEDULE 1 S Procedures for Making or Confirming Certain Orders and Schemes

Modifications etc. (not altering text)

C1 Sch. 1 excluded (21.10.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), ss. 30(6), 34(7)(with savings ss. 47(4), 167(2)); S.I. 1991/2286, art. 2(1), Sch. 1

Part I S Orders

1 S Where the Secretary of State proposes to make an order under section 5, 9, 12, 75 or 77 of this Act he shall publish in at least one newspaper circulating in the area in which any road to which the order relates is situated and in the Edinburgh Gazette a notice—

(a) stating the general effect of the proposed 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 free of charge at all reasonable hours during a period specified in the notice, being not less than six weeks from the date of the publication of the notice; and

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

2 S Where an order under the said section 9 or 12 is submitted to the Secretary of State by a local roads authority, that authority shall publish in the manner specified in paragraph 1 above the notice there referred to, and that paragraph shall have effect in relation to a notice published by any such authority as if the references to the draft order and the making of the order were references to the order as submitted to the Secretary of State and the confirmation of the order respectively.

3 S Not later than the day on which the said 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 or the local roads authority, as the case may be, shall serve on each person (other than himself or as the case may be themselves) specified in such head or heads of the Table set out at the end of this paragraph as apply in the case of the order in question—

(a) a copy of the notice;

(b) a copy of the draft order or, as the case may be, the order; and

(c) a copy of any relevant map or plan.

Table

Persons to be served with copies of the documents specified in paragraph 3 of this schedule

	Nature of order or proposed order	Persons to be served
(i)	Order proposed to be made under section 5, 12 or 75.	[F1 Every local authority in whose area] any road to which the proposed order applies is situated.
(ii)	Order proposed to be made under section 5, 9 or 12 which provides for the construction of a bridge over or a tunnel under navigable waters, and order under section 75.	Every navigation authority F2 . . . concerned with or having jurisdiction over the waters affected or over the area comprising those waters [F3 and Scottish Water] .
(iii)	Order proposed to be made under section 12 authorising the carrying out of new works.	[F1 Every local authority] on whose area works authorised by the proposed order are to be carried out.
(iv)	Order under section 9 transferring a road from one roads authority to another.	The roads authorities to and from whom the road is to be transferred.
(v)	Order proposed to be made under section 77.	[F1 Every local authority in whose area] the bridge or its approaches is situated and every navigation authority concerned with or having jurisdiction over the waters affected or over the area comprising those waters.
(vi)	Order proposed to be made under section 9 or 12 which authorises the stopping up of a private means of access to land.	The owner and the occupier of the land.
(vii)	Order proposed to be made under section 9 or 12 which authorises the stopping up or diversion of a public road.	[F1 Every local authority in whose area] the road is situated, and any statutory undertakers having apparatus under, in, upon, over, along or across the road.
(viii)	Order proposed to be made under section 9 which authorises entry by the special road authority on land.	The occupier of that land.

Textual Amendments

F1 Words in entries (i)(iii)(v)(vii) of the Table in Sch. 1 Pt. I para. 3 substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 135(11)(a); S.I. 1996/323, art. 4(1)(c)

F2 Words in entry (ii) of the Table in Sch. 1 Pt. I para. 3 repealed (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(2), Sch. 7 para. 14(6)(a)(i) (with s. 67); S.S.I. 2002/118, art. 2(3)

F3 Words in entry (ii) of the Table in Sch. 1 Pt. I para. 3 inserted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(2), Sch. 7 para. 14(6)(a)(ii) (with s. 67); S.S.I. 2002/118, art. 2(3)

4 S Where the order provides for the stopping up or diversion of a public road, the Secretary of State shall, 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, cause a copy of it to be displayed in a prominent position at the ends of so much of any road as is proposed to be stopped up or diverted under the order.

5 S If before the expiration of the period specified in pursuance of paragraph 1(b) above an objection is received by the Secretary of State from any person on whom a copy of the notice is required to be served under paragraph 3 above, or from any other person appearing to the Secretary of State to be affected, and the objection is not withdrawn, the Secretary of State shall, subject to [F4 paragraph 6 ] below, cause a local inquiry to be held.

Textual Amendments

F4 Words in Sch. 1 para. 5 substituted (28.12.2007) by Transport and Works (Scotland) Act 2007 (asp 8), s. 30(4), sch. 2 para. 3(a); S.S.I. 2007/516, art. 2 (with S.S.I. 2007/517, arts. 1(1), 4(2)-(4))

6 S Except where the objection is made by any person on whom a copy of the notice is required to be served by virtue of paragraph 3 above as read with such one or more of heads (i) to (v) of the Table at the end of that paragraph as apply in the case of the order in question, the Secretary of State may, if he is satisfied that in the circumstances of the case the holding of an inquiry under paragraph 5 above is not necessary, dispense with such an inquiry.

7 (1) F5 ... after considering objections (if any) to the proposed order or, as the case may be, 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 [F6 — S

(a) make or confirm the order (with or without modifications); or

(b) where the order is subject to the affirmative procedure by virtue of section 143A(3) of this Act, lay before the Scottish Parliament a draft statutory instrument containing the order (with or without modifications).]

[F7 (1A) Where the Scottish Ministers have published an environmental statement they shall take into consideration–

(a) that statement; F8 ...

[F9 (b) any opinion on that statement or the project which is expressed in writing by any of the consultation bodies or by any other person and is received by the Scottish Ministers within any period specified for the purpose by them; and

(c) where section 20B applies and the EEA State has indicated in accordance with subsection (4) of that section that it wishes to participate in the environmental impact assessment procedure, any opinion on that statement or the project which is expressed in writing by the EEA State, by a member of the public in the EEA State or by any of the authorities referred to in Article 6(1) of the Directive and is received by the Scottish Ministers within any period specified for the purpose by them.]

(1B) When the Scottish Ministers have decided whether to proceed with the project in relation to which an environmental impact assessment has been made they shall publish their decision together with a statement confirming that they have complied with sub-paragraph (1A) above and shall [F10 notify the consultation bodies and] make available to the public documents containing–

(a) the content of the decision and any conditions attached to it;

(b) the main reasons and considerations on which the decision is based [F11 including, if relevant, information about the participation of the public and details of how information, evidence and representations submitted were taken into account] ; F12 ...

[F13 (bb) information regarding the right to challenge the validity of the decision and the procedures for doing so; and]

(c) where their decision is to proceed with the project, a description of the main measures which will be taken to avoid, reduce and if possible offset any major adverse effects of the project.

[F14 (1BA) Where—

(a) the Scottish Ministers publish under sub-paragraph (1B) above a decision to proceed with a project; and

[F15 (b) the order giving effect to that decision is subject to the affirmative procedure by virtue of section 143A(3) of this Act,]

they shall publish together with the decision a statement to the effect that [F16 the order cannot be made unless the Scottish Parliament, by resolution, approves a draft statutory instrument containing it] .]

(1C) Any requirement for publication in connection with an environmental impact assessment shall be met by publication in The Edinburgh Gazette and in at least one local newspaper circulating in the area in which the project is situated [F17 and where the Scottish Ministers use a website for the purpose of giving information to the public about projects of a category into which the project in question falls, by publication on that website] .]

[F18 (1D) Any non-governmental organisation promoting environmental protection and meeting any requirements under the law shall be deemed to have an interest for the purposes of Article 10a(a) of the Directive and rights capable of being impaired for the purposes of Article 10a(b) of the Directive.]

(2) The power under this paragraph to make or confirm the order includes power to make or confirm it so far as relating to part of the proposals contained in it (either without modification or subject to such modifications as he thinks fit) while deferring consideration of the remaining part.

Textual Amendments

F5 Words in Sch. 1 para. 7(1) repealed (28.12.2007) by Transport and Works (Scotland) Act 2007 (asp 8), s. 30(4), sch. 3; S.S.I. 2007/516, art. 2 (with S.S.I. 2007/517, arts. 1(1), 4(2)-(4))

F6 Words in Sch. 1 para. 7(1) substituted (11.11.2011) by The Interpretation and Legislative Reform (Scotland) Act 2010 (Consequential, Savings and Transitional Provisions) Order2011 (S.S.I. 2011/396), arts. 1, 14(a) (with art. 16)

F7 Sch. 1 para. 7(1A)-(1C) substituted for Sch. 1 para. 7(1A)(1B) (1.8.1999) by S.S.I. 1999/1, reg. 52

F8 Word in Sch. 1 para. 7(1A) omitted (1.2.2007) by virtue of The Environmental Impact Assessment (Scotland) Amendment Regulations 2006 (S.S.I. 2006/614), regs. 1, 6(5)(a)

F9 Sch. 1 para. 7(1A)(b)(c) substituted for Sch. 1 para. 7(1A)(b) (1.2.2007) by The Environmental Impact Assessment (Scotland) Amendment Regulations 2006 (S.S.I. 2006/614), regs. 1, 6(5)(a)

F10 Words in Sch. 1 para. 7(1B) inserted (1.2.2007) by The Environmental Impact Assessment (Scotland) Amendment Regulations 2006 (S.S.I. 2006/614), regs. 1, 6(5)(b)(i)

F11 Words in Sch. 1 para. 7(1B)(b) inserted (1.2.2007) by The Environmental Impact Assessment (Scotland) Amendment Regulations 2006 (S.S.I. 2006/614), regs. 1, 6(5)(b)(ii)

F12 Word in Sch. 1 para. 7(1B)(b) omitted (1.2.2007) by virtue of The Environmental Impact Assessment (Scotland) Amendment Regulations 2006 (S.S.I. 2006/614), regs. 1, 6(5)(b)(iii)

F13 Sch. 1 para. 7(1B)(bb) inserted (1.2.2007) by The Environmental Impact Assessment (Scotland) Amendment Regulations 2006 (S.S.I. 2006/614), regs. 1, 6(5)(b)(iii)

F14 Sch. 1 para. 7(1BA) inserted (28.12.2007) by Transport and Works (Scotland) Act 2007 (asp 8), ss. 24(4)(a), 30(4); S.S.I. 2007/516, art. 2

F15 Sch. 1 para. 7(1BA)(b) substituted (11.11.2011) by The Interpretation and Legislative Reform (Scotland) Act 2010 (Consequential, Savings and Transitional Provisions) Order2011 (S.S.I. 2011/396), arts. 1, 14(b)(i) (with art. 16)

F16 Words in Sch. 1 para. 7(1BA) substituted (11.11.2011) by The Interpretation and Legislative Reform (Scotland) Act 2010 (Consequential, Savings and Transitional Provisions) Order2011 (S.S.I. 2011/396), arts. 1, 14(b)(ii) (with art. 16)

F17 Words in Sch. 1 para. 7(1C) inserted (1.2.2007) by The Environmental Impact Assessment (Scotland) Amendment Regulations 2006 (S.S.I. 2006/614), regs. 1, 6(5)(c)

F18 Sch. 1 para. 7(1D) inserted (1.2.2007) by The Environmental Impact Assessment (Scotland) Amendment Regulations 2006 (S.S.I. 2006/614), regs. 1, 6(5)(d)

8 S In this Part of this Schedule references to a proposed order or an order proposed to be made include references to an order made by a local roads authority and submitted to the Secretary of State.

Part II S Schemes Under Sections 7 and 75(3)

9 S Where the Secretary of State proposes to make a scheme under section 7 or 75(3) of this Act, or where a scheme under either of those sections is submitted to the Secretary of State by a local roads authority, the Secretary of State or that authority, as the case may be, shall publish in at least one newspaper circulating in the area in which the road, or as the case may be the site of the bridge or tunnel, to which the scheme relates is situated and in the Edinburgh Gazette a notice—

(a) stating the general effect of the proposed scheme;

(b) specifying a place in the said area where copies of a draft of the scheme, or of the scheme as submitted to the Secretary of State, as the case may be, and of any relevant map or plan may be inspected free of charge, at all reasonable hours during a period specified in the notice, being not less than six weeks from the date of the publication of the notice; and

(c) stating that, within the said period, any person may by notice to the Secretary of State object to the making or confirmation of the scheme.

10 S Not later than the day on which the said notice is published or, if it is published on two more days, the day on which it is first published, the Secretary of State or the local roads authority, as the case may be, shall serve a copy of it (together with a copy of draft scheme or of the scheme, as the case may be, and of any relevant map of plan)—

(a) on [F19 every local authority] in whose area any part of the route of the special road, or as the case may be the site of the bridge or tunnel, is situated; and

(b) where the scheme provides for the construction of a bridge over or tunnel under any navigable waters, on

[F20 (i)] every navigation authority F21 . . . concerned with or having jurisdiction over the waters affected or over the area comprising those waters[F22 , and

(ii) Scottish Water.]

Textual Amendments

F19 Words in Sch. 1 Pt. II para. 10(a) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 135(11)(b); S.I. 1996/323, art. 4(1)(c)

F20 Words in Sch. 1 Pt. II para. 10(b) renumbered (1.4.2002) as Sch. 1 Pt. II para. 10(b)(i) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(2), Sch. 7 para. 14(6)(b)(i) (with s. 67); S.S.I. 2002/118, art. 2(3)

F21 Words in Sch. 1 Pt. II para. 10(b) repealed (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(2), Sch. 7 para. 14(6)(b)(ii) (with s. 67); S.S.I. 2002/118, art. 2(3)

F22 Sch. 1 Pt. II para. 10(b)(ii) and preceding word inserted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(2), Sch. 7 para. 14(6)(b)(iii) (with s. 67); S.S.I. 2002/118, art. 2(3)

11 S If before the expiration of the period specified in pursuance of paragraph 9(b) above an objection is received by the Secretary of State from any person on whom a copy of the notice is required to be served under paragraph 10 above of from any other person appearing to him affected by the proposed scheme, and the objection is not withdrawn, the Secretary of State shall, subject to [F23 paragraph 12 ] below, cause a local inquiry to be held.

Textual Amendments

F23 Words in Sch. 1 para. 11 substituted (28.12.2007) by Transport and Works (Scotland) Act 2007 (asp 8), s. 30(4), sch. 2 para. 3(b); S.S.I. 2007/516, art. 2

12 S Except where the objection is made by any person on whom notice is required to be served under paragraph 10 above, the Secretary of State may, if he is satisfied that in the circumstances of the case the holding of an inquiry under paragraph 11 above is unnecessary, dispense with such an inquiry.

13 (1) F24 ...after considering objections (if any) to the proposed scheme 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 or confirm the scheme either without modification or subject to such modifications as he thinks fit [F25 or, where the scheme is subject to the affirmative procedure by virtue of section 143A(3) of this Act, lay before the Scottish Parliament a draft statutory instrument containing the scheme (with or without modification)] . S

[F26 (1A) Where the Scottish Ministers have published an environmental statement they shall take into consideration–

(a) that statement; F27 ...

[F28 (b) any opinion on that statement or the project which is expressed in writing by any of the consultation bodies or by any other person and is received by the Scottish Ministers within any period specified for the purpose by them; and

(c) where section 20B applies and the EEA State has indicated in accordance with subsection (4) of that section that it wishes to participate in the environmental impact assessment procedure, any opinion on that statement or the project which is expressed in writing by the EEA State, by a member of the public in the EEA State or by any of the authorities referred to in Article 6(1) of the Directive and is received by the Scottish Ministers within any period specified for the purpose by them.]

(1B) When the Scottish Ministers have decided whether to proceed with the project in relation to which an environmental impact assessment has been made they shall publish their decision together with a statement confirming that they have complied with sub-paragraph (1A) above and shall [F29 notify the consultation bodies and] make available to the public documents containing–

(a) the content of the decision and any conditions attached to it;

(b) the main reasons and considerations on which the decision is based [F30 including, if relevant, information about the participation of the public and details of how information, evidence and representations submitted were taken into account] ; F31 ...

[F32 (bb) information regarding the right to challenge the validity of the decision and the procedures for doing so; and]

(c) where their decision is to proceed with the project, a description of the main measures which will be taken to avoid, reduce and if possible offset any major adverse effects of the project.

[F33 (1BA) Where—

(a) the Scottish Ministers publish under sub-paragraph (1B) above a decision to proceed with a project; and

(b) [F34 a draft of] the statutory instrument giving effect to that decision is to be laid before the Scottish Parliament under section [F35 143A(3)] of this Act,

they shall publish together with the decision a statement to the effect that the instrument cannot [F36 be made unless] the Scottish Parliament, by resolution, approves [F37 the draft statutory instrument] .]

(1C) Any requirement for publication in connection with an environmental impact assessment shall be met by publication in The Edinburgh Gazette and in at least one local newspaper circulating in the area in which the project is situated [F38 and where the Scottish Ministers use a website for the purpose of giving information to the public about projects of a category into which the project in question falls, by publication on that website] .]

[F39 (1D) Any non-governmental organisation promoting environmental protection and meeting any requirements under the law shall be deemed to have an interest for the purposes of Article 10a(a) of the Directive and rights capable of being impaired for the purposes of Article 10a(b) of the Directive.]

(2) The power under this paragraph to make or confirm the scheme includes power to make or confirm it so far as relating to part of the proposals contained in it (either without modification or subject to such modifications as the Secretary of State thinks fit) while deferring consideration of the remaining part.

Textual Amendments

F24 Words in Sch. 1 para. 13(1) repealed (28.12.2007) by Transport and Works (Scotland) Act 2007 (asp 8), s. 30(4), sch. 3; S.S.I. 2007/516, art. 2 (with S.S.I. 2007/517, arts. 1(1), 4(2)-(4))

F25 Words in Sch. 1 para. 13(1) inserted (11.11.2011) by The Interpretation and Legislative Reform (Scotland) Act 2010 (Consequential, Savings and Transitional Provisions) Order2011 (S.S.I. 2011/396), arts. 1, 14(c) (with art. 16)

F26 Sch. 1 para. 13(1A)-(1C) substituted for Sch. 1 para. 13(1A)(1B) (1.8.1999) by S.S.I. 1999/1, reg. 52

F27 Word in Sch. 1 para. 13(1A) omitted (1.2.2007) by virtue of The Environmental Impact Assessment (Scotland) Amendment Regulations 2006 (S.S.I. 2006/614), regs. 1, 6(5)(a)

F28 Sch. 1 para. 13(1A)(b)(c) substituted for Sch. 1 para. 13(1A)(b) (1.2.2007) by The Environmental Impact Assessment (Scotland) Amendment Regulations 2006 (S.S.I. 2006/614), regs. 1, 6(5)(a)

F29 Words in Sch. 1 para. 13(1B) inserted (1.2.2007) by The Environmental Impact Assessment (Scotland) Amendment Regulations 2006 (S.S.I. 2006/614), regs. 1, 6(5)(b)(i)

F30 Words in Sch. 1 para. 13(1B)(b) inserted (1.2.2007) by The Environmental Impact Assessment (Scotland) Amendment Regulations 2006 (S.S.I. 2006/614), regs. 1, 6(5)(b)(ii)

F31 Word in Sch. 1 para. 13(1B)(b) omitted (1.2.2007) by virtue of The Environmental Impact Assessment (Scotland) Amendment Regulations 2006 (S.S.I. 2006/614), regs. 1, 6(5)(b)(iii)

F32 Sch. 1 para. 13(1B)(bb) inserted (1.2.2007) by The Environmental Impact Assessment (Scotland) Amendment Regulations 2006 (S.S.I. 2006/614), regs. 1, 6(5)(b)(iii)

F33 Sch. 1 para. 13(1BA) inserted (28.12.2007) by Transport and Works (Scotland) Act 2007 (asp 8), ss. 24(4)(b), 30(4); S.S.I. 2007/516, art. 2

F34 Words in Sch. 1 para. 13(1BA)(b) inserted (11.11.2011) by The Interpretation and Legislative Reform (Scotland) Act 2010 (Consequential, Savings and Transitional Provisions) Order2011 (S.S.I. 2011/396), arts. 1, 14(d)(i)(aa) (with art. 16)

F35 Word in Sch. 1 para. 13(1BA)(b) substituted (11.11.2011) by The Interpretation and Legislative Reform (Scotland) Act 2010 (Consequential, Savings and Transitional Provisions) Order2011 (S.S.I. 2011/396), arts. 1, 14(d)(i)(bb) (with art. 16)

F36 Words in Sch. 1 para. 13(1BA) substituted (11.11.2011) by The Interpretation and Legislative Reform (Scotland) Act 2010 (Consequential, Savings and Transitional Provisions) Order2011 (S.S.I. 2011/396), arts. 1, 14(d)(ii) (with art. 16)

F37 Words in Sch. 1 para. 13(1BA) substituted (11.11.2011) by The Interpretation and Legislative Reform (Scotland) Act 2010 (Consequential, Savings and Transitional Provisions) Order2011 (S.S.I. 2011/396), arts. 1, 14(d)(iii) (with art. 16)

F38 Words in Sch. 1 para. 13(1C) inserted (1.2.2007) by The Environmental Impact Assessment (Scotland) Amendment Regulations 2006 (S.S.I. 2006/614), regs. 1, 6(5)(c)

F39 Sch. 1 para. 13(1D) inserted (1.2.2007) by The Environmental Impact Assessment (Scotland) Amendment Regulations 2006 (S.S.I. 2006/614), regs. 1, 6(5)(d)

14 S In this Part of this Schedule “proposed scheme” includes a scheme made by a local roads authority and submitted to the Secretary of State.

F40 [Part IIA S Toll Orders Under Section 27 of the New Roads and Street Works Act 1991

Textual Amendments

F40 Sch. 1 Pt. IIA inserted (21.10.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1), Sch. 8 para. 96(1); S.I. 1991/2286, art. 2(1), Sch. 1

Modifications etc. (not altering text)

C2 Sch. 1 Pt. IIA applied (21.10.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 27(3)(with savings s. 47(4), 167(2)); S.I. 1991/2286, art. 2(1), Sch. 1

F41 14A (1) Where the Secretary of State proposes to make a toll order under section 27 of the New Roads and Street Works Act 1991, he shall prepare a draft of the order and shall publish in at least one newspaper circulating in the area in which the proposed special road is to be situated, and in the Edinburgh Gazette, a notice— S

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

(b) naming 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 during a period specified in the notice, being a period of not less than six weeks from the date of the publication of the notice; and

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

(2) Where a toll order is submitted to the Secretary of State by a local roads authority, the authority shall publish in at least one newspaper circulating in the area in which the proposed special road is to be situated, and in the Edinburgh Gazette, a notice—

(a) stating the general effect of the order as submitted to the Secretary of State;

(b) naming a place in that area where a copy of the order may be inspected by any person free of charge at all reasonable hours during a period specified in the notice, being a period of not less than six weeks from the date of the publication of the notice; and

(c) stating that, within that period, any person may by notice to the Secretary of State object to the confirmation of the order.

(3) Where it is intended that the proposed toll order shall authorise the special road authority to assign their rights to charge and collect tolls, the Secretary of State or, as the case may be, the local roads authority shall make a statement containing such information as may be prescribed with respect to that assignation and the person to whom the rights are intended to be assigned and—

(a) the statement shall be made available for inspection with the copy of the order to which the notice under subparagraph (1) or (2) relates; and

(b) the notice shall state that such a statement will be so available.

(4) In sub-paragraph (3) “prescribed” means prescribed by the Secretary of State by regulations made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Textual Amendments

F41 Sch. 1 Pt. IIA (paras. 14A-14E) inserted (21.10.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1), Sch. 8 para. 96(1); S.I. 1991/2286, art. 2(1), Sch. 1

F42 14B S The Secretary of State may, if he is satisfied that in the circumstances of the case the holding of an inquiry is unnecessary, dispense with such an inquiry.

Textual Amendments

F42 Sch. 1 Pt. IIA (paras. 14A-14E) inserted (21.10.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1), Sch. 8 para. 96(1); S.I. 1991/2286, art. 2(1), Sch. 1

F43 14C (1) F44 ... after considering objections (if any) to the proposed 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 or confirm the order either without modification or subject to such modifications as he thinks fit. S

(2) The power under this paragraph to make or confirm the order includes power to make or confirm it so far as relating to part of the proposals contained in it (either without modification or subject to such modifications as the Secretary of State thinks fit) while deferring consideration of the remaining part.

Textual Amendments

F43 Sch. 1 Pt. IIA (paras. 14A-14E) inserted (21.10.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1), Sch. 8 para. 96(1); S.I. 1991/2286, art. 2(1), Sch. 1

F44 Words in Sch. 1 para. 14C repealed (28.12.2007) by Transport and Works (Scotland) Act 2007 (asp 8), s. 30(4), sch. 3; S.S.I. 2007/516, art. 2 (with S.S.I. 2007/517, arts. 1(1), 4(2)-(4))

F45 F46 14D S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F45 Sch. 1 para. 14D repealed (28.12.2007) by Transport and Works (Scotland) Act 2007 (asp 8), s. 30(4), sch. 3; S.S.I. 2007/516, art. 2 (with S.S.I. 2007/517, arts. 1(1), 4(2)-(4))

F46 Sch. 1 Pt. IIA (paras. 14A-14E) inserted (21.10.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1), Sch. 8 para. 96(1); S.I. 1991/2286, art. 2(1), Sch. 1

F47 14E S In this Part of this Schedule “proposed order” includes an order made by a local roads authority and submitted to the Secretary of State.

Textual Amendments

F47 Sch. 1 Pt. IIA (paras. 14A-14E) inserted (21.10.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1), Sch. 8 para. 96(1); S.I. 1991/2286, art. 2(1), Sch. 1

Part III S General

15 S Any person who objects to the making or confirmation of an order or scheme pursuant to this Schedule shall include in the notice of objection a statement of the grounds of objection; and the Secretary of State may disregard any such notice of objection which does not contain such a statement.

Modifications etc. (not altering text)

C3 Sch. 1 para. 15 applied (21.10.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 27(3)(with savings ss. 47(4), 167(2)); S.I. 1991/2286, art. 2(1), Sch. 1

16 S The Secretary of State may, by notice served on a person objecting to the making or confirmation of an order or scheme pursuant to this Schedule who submits that any road to which the order or scheme relates should follow an alternative route, require such person within such period as may be specified in the notice to give sufficient details of the alternative route to enable it to be identified and may disregard so much of the objection as consists of a submission to which the notice applies unless the person making the objection has complied with the notice.

17 S Proceedings required to be taken for the purposes of an order under section 9 of this Act relating to a special road or for the purposes of an order under section 12 of this Act relating to a trunk road may be taken concurrently with proceedings required by this Schedule to be taken for the purposes of an order under section 5 of this Act or, as the case may be for the purposes of a scheme under section 7 of this Act, relating to that road.

18 S Section 210(2) to (8) of the M1 Local Government (Scotland) Act 1973 shall apply to any inquiry held under paragraph [F48 5, 11 or 14B] above as it applies in relation to a local inquiry under that sectionF49 ....

Textual Amendments

F48 Words in Sch. 1 para. 18 substituted (21.10.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1), Sch. 8 para. 96(2); S.I. 1991/2286, art. 2(1), Sch. 1

F49 Words in Sch. 1 para. 18 repealed (28.12.2007) by Transport and Works (Scotland) Act 2007 (asp 8), s. 30(4), sch. 3; S.S.I. 2007/516, art. 2 (with S.S.I. 2007/517, arts. 1(1), 4(2)-(4))

Modifications etc. (not altering text)

C4 Sch. 1 para. 18 applied (21.10.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 27(3)(with savings ss. 47(4), 167(2)); S.I. 1991/2286, art. 2(1), Sch. 1

Marginal Citations

M1 1973 c. 65.

Part IV S Application of Statutory Orders (Special Procedure)Act[9 & 10 Geo. 6 c. 18.] 1945

Modifications etc. (not altering text)

C5 Sch. 1 Pt. IV applied (21.10.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 27(3)(with savings ss. 47(4), 167(2)); S.I. 1991/2286, art. 2(1), Sch. 1

F50 19 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F50 Sch. 1 para. 19 repealed (28.12.2007) by Transport and Works (Scotland) Act 2007 (asp 8), s. 30(4), sch. 3; S.S.I. 2007/516, art. 2 (with S.S.I. 2007/517, arts. 1(1), 4(2)-(4))