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The fact that a notice has been withdrawn under sub-paragraph (2)(a) does not prejudice the service of a further notice.