SCHEDULE 1Procedures for Making or Confirming Certain Orders and Schemes
PART IOrders
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.
Nature of order or proposed order | Persons to be served |
|---|---|
(i) Order proposed to be made under section 5, 12 or 75. | The council of every region, islands area and district in which 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 or water authority concerned with or having jurisdiction over the waters affected or over the area comprising those waters. |
(iii) Order proposed to be made under section 12 authorising the carrying out of new works. | The council of every region, islands area and district in 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. | The council of every region, islands area and district in which 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. | The council of every region, islands area and district in which 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 paragraphs 6 and 19 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)
Subject to paragraph 19 below, 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 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 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 IISchemes 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 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 a copy of it (together with a copy of the draft scheme or of the scheme, as the case may be, and of any relevant map or plan)—
(a)
on the council of every region, islands area and district 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 every navigation authority or water authority concerned with or having jurisdiction over the waters affected or over the area comprising those waters.
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 or 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 paragraphs 12 and 19 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)
Subject to paragraph 19 below, 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.
(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.
PART IIIGeneral
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
Section 210(2) to (8) of the M1Local Government (Scotland) Act 1973 shall apply to any inquiry held under paragraph 5 or 11 above as it applies in relation to a local inquiry under that section, but without prejudice to paragraph 19 below.
PART IVApplication of M2Statutory Orders (Special Procedure) Act 1945
19
In relation to a scheme or order to which this Schedule applies which is subject to special parliamentary procedure—
(a)
the publication of a notice in accordance with paragraph 1 above shall be deemed to be sufficient compliance with the requirements of section 2(1) as read with section 10 of the Statutory Orders (Special Procedure) Act 1945 with regard to advertisement of notice ;
(b)
any inquiry required by paragraph 5 or 11 above shall, if the Secretary of State so directs, be held by commissioners under the M3Private Legislation (Procedure) (Scotland) Act 1936 ; and any directions so given shall be deemed to have been given under section 10 of the said Act of 1945 ; and
(c)
where any such directions are given, paragraph 18 above shall not apply, and paragraphs 7 and 13 above shall have effect as if for references to a local inquiry and to the person who held the inquiry there were substituted, respectively, references to an inquiry by the commissioners and to the commissioners.