14 Power to give directions.E+W+S
(1)Subsection (2) below applies where—
(a)the Secretary of State has served a notice on an authority under section 13 above,
(b)the time specified in the notice has expired (whether or not he has received a written response to the notice), and
(c)it still appears to him that the authority have acted as mentioned in the paragraph concerned of section 13(1) above.
(2)The Secretary of State may direct that with effect from such date as is specified in the direction the authority—
(a)shall cease to have power to carry out any work falling within the appropriate activity,
(b)shall cease to have power to carry out such work falling within that activity as is identified in the direction,
(c)shall only have power to carry out work falling within that activity if such conditions as are specified in the direction are fulfilled, or
(d)shall, as regards such work falling within that activity as is identified in the direction, only have power to carry it out if such conditions as are specified in the direction are fulfilled.
(3)Where the Secretary of State has given a direction under subsection (2) above or this subsection (the previous direction) he may give a direction (a new direction) that with effect from such date as is specified in the new direction—
(a)any prohibition applying by virtue of the previous direction (whether the prohibition applies outright or if conditions are not fulfilled) shall cease to apply,
(b)any outright prohibition applying by virtue of the previous direction is replaced by a prohibition applying (as regards the same work) if conditions specified in the new direction are not fulfilled, or
(c)any prohibition applying as regards work by virtue of the previous direction (whether the prohibition applies outright or if conditions are not fulfilled) is replaced by a prohibition which applies only to such of that work as is identified in the new direction but which is otherwise in the same terms as the prohibition in the previous direction.
(4)If the Secretary of State directs under this section that an authority shall cease to have power to carry out work, or shall only have power to carry out work if certain conditions are fulfilled, the direction shall have effect notwithstanding any enactment by virtue of which they are required or authorised to do the work or (as the case may be) to do it without the need for the conditions to be fulfilled.
[F1(4A)The conditions that may be imposed by a direction given under this section in relation to the carrying out of any work include a condition restricting the carrying out of the work to cases where—
(a)the Secretary of State has been satisfied as to any matter specified or described in the direction, or
(b)the work is carried out under and in accordance with an authorisation or consent given for the purposes of the direction by the Secretary of State.
(4B)Where a direction under this section imposes any condition in relation to the carrying out of any work, that direction may provide that the requirement that the condition is fulfilled is to have effect, in relation to that work, instead of any requirement which (apart from the direction) would have effect in relation to that work by virtue of this Part.
(4C)Without prejudice to subsection (3) above, the power to give a direction under this section shall include power, at any time, to make such variations of a direction under this section as may be agreed with the authority to which the direction relates.]
(5)In this section “the appropriate activity” means the defined activity within which the work identified in the notice concerned falls.
Textual Amendments
F1S. 14(4A)(4B)(4C) inserted (4.1.1993) by Local Government Act 1992 (c. 19), s. 11, Sch. 1, para. 14; S.I. 1992/3241, art.2
Modifications etc. (not altering text)
C1S. 14 applied (9.1.1995) by S.I. 1994/3167, regs. 13, 18
S. 14 applied (with modification) (15.8.1994) by 1994 c. 19, s. 52 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1994/2109, art. 2
C2S. 14(1)(c) applied (9.1.1995) by S.I. 1994/3167, reg. 14(5)(c)