SCHEDULES
C2 SCHEDULE 1 Procedures for Making or Confirming Certain Orders and Schemes
F2C1Part IIA Toll Orders Under Section 27 of the New Roads and Street Works Act 1991
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
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
F114A
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.
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