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Transport and Works Act 1992
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Changes to legislation:
Transport and Works Act 1992, Section 10 is up to date with all changes known to be in force on or before 24 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 1(1A)(c)(d) inserted by 2024 asc 3 Sch. 3 para. 7(2)
- s. 3(1A)(c)(d) inserted by 2024 asc 3 Sch. 3 para. 7(3)
10 Objections.E+W+S
(1)The Secretary of State may make rules as to—
(a)the making of objections to an application under section 6 above or to a proposal to make an order by virtue of section 7 above;
(b)the information to be comprised within or submitted with an objection;
(c)the submission by the person making the application of written representations or information in relation to objections;
(d)the submission of further written representations or information;
(e)such other matters relating to the consideration of objections as appear to the Secretary of State to be appropriate.
(2)Subject to the following provisions of this section, the Secretary of State shall not make a determination under section 13(1) below to make an order without first taking into consideration the grounds of any objection in respect of which rules under this section have been complied with.
(3)If an objection is withdrawn or appears to the Secretary of State—
(a)to be frivolous or trivial, or
(b)to relate to matters which fall to be determined by a tribunal concerned with the assessment of compensation,
he may make a determination under section 13(1) below without further consideration of the objection.
(4)Subsection (2) above shall not apply where the Secretary of State causes an inquiry to be held under section 11(1) below or causes an objection to be dealt with in accordance with section 11(2) below, but the Secretary of State shall not make a determination under section 13(1) below without first taking into consideration the report of the person holding the inquiry, or as the case may be of the person appointed under section 11(2).
(5)Rules under this section may make different provision for different cases, and may include provision authorising the Secretary of State—
(a)to dispense with compliance with rules that would otherwise apply, or
(b)to require compliance with rules that would not otherwise apply,
in any case where he considers it appropriate to do so.
(6)The power to make rules under this section shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Modifications etc. (not altering text)
C1S. 10 modified (1.7.1999) by S.I. 1999/672, art. 5, Sch. 2
Commencement Information
I1Pt. I (ss. 1-25) wholly in force at 1. 1. 1993 see s. 70 and S.I. 1992/2784, art. 2, Sch. 1.
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