SCHEDULES

SCHEDULE 4Powers in relation to, and for, statutory undertakers

Part 2Powers for undertakers to carry out works

Opposed notices and Ministerial orders

I112

1

This paragraph applies if—

a

a notice is served under paragraph 9, and

b

a counter-notice is served under paragraph 10.

2

The statutory undertakers may—

a

withdraw the notice served under paragraph 9, or

b

apply to the Secretary of State and the appropriate Minister for an order under sub-paragraph (3).

3

The Secretary of State and the appropriate Minister may by order confer on the statutory undertakers—

a

the rights claimed in the notice under paragraph 9, or

b

such modified rights as the Secretary of State and the appropriate Minister consider it appropriate to confer on the statutory undertakers.

4

The fact that a notice has been withdrawn under sub-paragraph (2)(a) does not prejudice the service of a further notice.