Housing and Regeneration Act 2008 (c. 17)

SCHEDULES

SCHEDULE 4 E+W Powers in relation to, and for, statutory undertakers

Part 2 E+W Powers for undertakers to carry out works

Opposed notices and Ministerial orders E+W

12 (1) This paragraph applies if— E+W

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(4) The fact that a notice has been withdrawn under sub-paragraph (2)(a) does not prejudice the service of a further notice.

Commencement Information

I1 Sch. 4 para. 12 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(g) (with arts. 6-13)