New Roads and Street Works Act 1991

Local inquiry S

3 (1) The Secretary of State shall cause a local inquiry to be held if an objection to the proposed order is received by him— S

(a) from a person required to be furnished with a copy of the draft order within three months from the date of his being furnished therewith, or

(b) from any other person appearing to him to be affected within three months from the day on which the notice of the proposed order is published, or if it is published on two or more days from the later or latest of them,

and the objection is not withdrawn.

(2) In the case of an objection made otherwise than by a person required to be furnished with a copy of the draft order, the Secretary of State may dispense with such an inquiry if he is satisfied that it is unnecessary.

4 (1) If the Secretary of State so directs, an inquiry under paragraph 3 shall be held by Commissioners under the M1 Private Legislation Procedure (Scotland) Act 1936. S

(2) A direction under this paragraph is deemed to have been given under section 2 of the M2 Statutory Orders (Special Procedure) Act 1945, as read with section 10 of that Act, and the provisions of that Act with regard to the publication of notices in the Edinburgh Gazette shall, notwithstanding anything contained in that Act, not apply to any order under section 160 which is subject to special parliamentary procedure.

(3) If the Secretary of State does not give a direction under this paragraph, the provisions of section 210(2) to (8) of the M3 Local Government (Scotland) Act 1973 (which relate to the giving of evidence at, and the defraying of costs of, inquiries) apply in relation to a local inquiry held under paragraph 3.

Marginal Citations

M1 1936 c. 52.

M2 9 & 10 Geo. 6 c. 18.

M3 1973 c. 65.