SCHEDULE 1 Procedures for Making or Confirming Certain Orders and Schemes
Part I Orders
1
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
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
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.
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. | F1Every 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 F3and Scottish Water . |
(iii) | Order proposed to be made under section 12 authorising the carrying out of new works. | F1Every 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. | F1Every 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. | F1Every 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. |
4
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
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.
6
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—
(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 F8EIA report they shall take into consideration–
F11(b)
any opinion on that F9report 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 F1220F 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 F9report 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 F13in that State that the State has specified as authorities to be consulted and is received by the Scottish Ministers within any period specified for the purpose by them.
F14(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 must publish their decision together with a statement confirming they have complied with sub-paragraph (1A) and must notify the consultation bodies by sending to them copies of documents containing—
(a)
a description of the project,
(b)
the terms of the decision,
(c)
the main reasons and considerations on which the decision is based,
(d)
information about the arrangements taken to ensure the public had the opportunity to participate in the decision making procedures,
(e)
a summary of—
(i)
the environmental information, and
(ii)
the results of the consultations and information gathered pursuant to section 20C and, where relevant, section 20F, and how those results, in particular comments received from F15an EEA State pursuant to consultation under section 20F, have been incorporated or otherwise addressed,
(f)
if the decision is to proceed with the project—
(i)
any conditions to which the decision is subject,
(ii)
the reasoned conclusion referred to in section 20B(1)(d),
(iii)
a statement that the Scottish Ministers are satisfied that the reasoned conclusion is still up to date,
(iv)
a description of any features of the project and any measures envisaged in order to avoid, prevent or reduce and, if possible, offset likely significant adverse effects on the environment,
(v)
a description of any monitoring measures required under section 20G, and
(g)
information regarding the right to challenge the validity of the decision and the procedures for doing so,
and at the same time must make such documents available to the public.
F16(1BA)
Where—
(a)
the Scottish Ministers publish under sub-paragraph (1B) above a decision to proceed with a project; and
F17(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 F18the order cannot be made unless the Scottish Parliament, by resolution, approves a draft statutory instrument containing it.
F19(1BB)
For the purposes of sub-paragraph (1B)(f)(iii) the reasoned conclusion referred to in section 20B(1)(d) is still up to date if the Scottish Ministers are satisfied, having regard to current knowledge and methods of assessment, that the reasoned conclusion addresses the likely significant effects of the project on the environment.
F20(1C)
Any requirement for publication in connection with an environmental impact assessment shall be met by publication—
(a)
in the Edinburgh Gazette,
(b)
in at least one local newspaper circulating in the area in which the project is situated, and
(c)
on the website the Scottish Ministers use for the purpose of giving information to the public about projects of a category into which the project in question falls.
F21(1D)
Any non-governmental organisation promoting environmental protection and meeting any requirements under the law F22of any part of the United Kingdom shall be deemed to have an interest for the purposes of Article F2311 (a) of the Directive and rights capable of being impaired for the purposes of Article F2311 (b) of the Directive.
F24(1E)
For the purpose of sub-paragraph (1D) Article 11(1) of the Directive is to be read as if the reference to—
(a)
“Member States” were a reference to “The Scottish Ministers”,
(b)
“a Member State” were a reference to “Scotland”.
(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.
8
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 Schemes Under Sections 7 and 75(3)
9
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
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 F25every 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
11
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 F29 paragraph 12 below, cause a local inquiry to be held.
12
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)
F30...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 F31or, 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).
F32(1A)
Where the Scottish Ministers have published an F33EIA report they shall take into consideration–
F36(b)
any opinion on that F34report 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 F3720F 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 F34report 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 F38in that State that the State has specified as authorities to be consulted and is received by the Scottish Ministers within any period specified for the purpose by them.
F39(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 they have complied with sub-paragraph (1A) and shall notify the consultation bodies by sending to them copies of, and make available to the public, documents containing—
(a)
a description of the project;
(b)
the terms of the decision;
(c)
the main reasons and considerations on which the decision is based;
(d)
information about the arrangements taken to ensure the public had the opportunity to participate in the decision making procedures;
(e)
a summary of—
(i)
the environmental information; and
(ii)
the results of the consultations and information gathered pursuant to section 20C and, where relevant, section 20F, and how those results, in particular comments received from F40an EEA State pursuant to consultation under section 20F, have been incorporated or otherwise addressed;
(f)
if the decision is to proceed with the project—
(i)
any conditions to which the decision is subject;
(ii)
the reasoned conclusion referred to in section 20B(1)(d);
(iii)
a statement that the Scottish Ministers are satisfied that the reasoned conclusion is still up to date;
(iv)
a description of any features of the project and any measures envisaged in order to avoid, prevent or reduce and, if possible, offset likely significant adverse effects on the environment; and
(v)
a description of any monitoring measures required under section 20G; and
(g)
information regarding the right to challenge the validity of the decision and the procedures for doing so.
F41(1BA)
Where—
(a)
the Scottish Ministers publish under sub-paragraph (1B) above a decision to proceed with a project; and
(b)
F46(1BB)
For the purposes of sub-paragraph (1B)(f)(iii) the reasoned conclusion referred to in section 20B(1)(d) is still up to date if the Scottish Ministers are satisfied, having regard to current knowledge and methods of assessment, that the reasoned conclusion addresses the likely significant effects of the project on the environment.
F47(1C)
Any requirement for publication in connection with an environmental impact assessment shall be met by publication—
(a)
in the Edinburgh Gazette;
(b)
in at least one local newspaper circulating in the area in which the project is situated; and
(c)
on the website the Scottish Ministers use for the purpose of giving information to the public about projects of a category into which the project in question falls.
F48(1D)
Any non-governmental organisation promoting environmental protection and meeting any requirements under the law F49of any part of the United Kingdom shall be deemed to have an interest for the purposes of F5011 of the Directive and rights capable of being impaired for the purposes of F5011 of the Directive.
F51(1E)
For the purpose of sub-paragraph (1D) Article 11(1) of the Directive is to be read as if the reference to—
(a)
“Member States” were a reference to “The Scottish Ministers”,
(b)
“a Member State” were a reference to “Scotland”.
(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.
14
In this Part of this Schedule “proposed scheme” includes a scheme made by a local roads authority and submitted to the Secretary of State.
F52Part IIA Toll Orders Under Section 27 of the New Roads and Street Works Act 1991
F5314A
(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—
(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.
F5414B
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.
F5514C
(1)
F56... 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.
(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.
F57F5814D
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5914E
In this Part of this Schedule “proposed order” includes an order made by a local roads authority and submitted to the Secretary of State.
Part III General
15
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.
16
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
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
Part IV Application of Statutory Orders (Special Procedure)ActM21945
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