SCHEDULE 2 Procedure in Connection with Toll Orders
Challenge to validity of order or certificate
11
(1)
In relation to a toll order which is subject to special parliamentary procedure—
(a)
if the order is confirmed by Act of Parliament under section 6 of the M1Statutory Orders (Special Procedure) Act 1945, paragraph 10 above does not apply;
(b)
in any other case, that paragraph has effect subject to the following modifications—
(i)
the reference in sub-paragraph (1) to the date on which the notice required by paragraph 8 is published (or first published) shall be construed as a reference to the date on which the order becomes operative under the Act of 1945, and
(ii)
in sub-paragraph (5) the words “and shall become operative” to the end shall be omitted.
(2)
The provisions of paragraph 10(1) to (3) and (5) above apply in relation to a certificate under paragraph 9 as in relation to a toll order, subject to the following modifications—
(a)
the reference in sub-paragraph (1) to the notice required by paragraph 8 shall be construed as a reference to the notice required by paragraph 9(3), and
(b)
in sub-paragraph (5) for “made or confirmed” substitute “
given
”
and omit the words from “and shall become operative” to the end.