Town and Country Planning (Scotland) Act 1997

Procedure for making of orders by Secretary of State

1 (1) Before making an order under section 202 or 206(1)(a) the Secretary of State shall publish in at least one local newspaper circulating in the relevant area, and in the Edinburgh Gazette, a notice—

(a) stating the general effect of the order,

(b) specifying a place in the relevant area where a copy of the draft order and of any relevant map or plan may be inspected by any person free of charge at all reasonable hours during a period of 28 days from the last day on which publication of the notice has taken place, and

(c) stating that, within the period, any person may by notice to the Secretary of State object to the making of the order.

(2) Not later than the last day on which publication has taken place in accordance with sub-paragraph (1), the Secretary of State—

(a) shall serve a copy of the notice, together with a copy of the draft order and of any relevant map or plan, on every local authority in whose area any road or, as the case may be, any land to which the order relates is situated, and on any water, hydraulic power or electricity undertakers or public gas transporter having any cables, mains, pipes or wires laid along, across, under or over any road to be stopped up or diverted or, as the case may be, any land over which a right of way is to be extinguished, under the order, and

(b) shall cause a copy of the notice to be displayed in a prominent position at the ends of so much of any road as is proposed to be stopped up or diverted or, as the case may be, of the right of way proposed to be extinguished under the order.

(3) Subject to sub-paragraph (4), if before the end of the said period of 28 days an objection is received by the Secretary of State from any local authority, undertakers or transporter on whom a notice is required to be served under sub-paragraph (2), or from any other person appearing to him to be affected by the order, and the objection is not withdrawn, the Secretary of State shall cause a local inquiry to be held.

(4) If the objection is made by a person other than such a local authority, undertakers or transporter, the Secretary of State may dispense with such an inquiry if he is satisfied that in the special circumstances of the case the holding of such an inquiry is unnecessary.

(5) After considering any objections to the order which are not withdrawn and, where a local inquiry is held, the report of the person who held the inquiry, the Secretary of State (subject to sub-paragraph (6)) may make the order either without modification or subject to such modifications as he thinks fit.

(6) Where the order contains a provision requiring any such payment, repayment or contribution as is mentioned in section 202(4)(a), and objection to that provision is duly made, in accordance with sub-paragraph (3), by an authority or person who would be required by it to make such a payment, repayment or contribution, and the objection is not withdrawn, the order shall be subject to special parliamentary procedure.

(7) Immediately after the order has been made, the Secretary of State shall publish, in the manner specified in sub-paragraph (1), a notice stating that the order has been made, and naming a place where a copy of the order may be seen at all reasonable hours; and sub-paragraph (2) shall have effect in relation to any such notice as it has effect in relation to a notice under sub-paragraph (1).

(8) In this paragraph “the relevant area”, in relation to an order, means the area in which any road or land to which the order relates is situated.