SCHEDULES

SIXTH SCHEDULE E+W+S Powers for Consequential Modification of Special Enactments, and for Savings as to Certain Protections and Consent Requirements

Part I E+W+S Powers

Power to provide for consequential modification of special enactments E+W+S

1 (1) If it appears to the Minister that uncertainty or obscurity has resulted, or is likely to result, from the operation on a special enactment of the general provisions—

(a) of subsection (3) of section fifteen of this Act for restricting the operation of special enactments which regulate the exercise of powers in relation to which the street works code is to have effect,

(b) of subsection (2) of section seventeen thereof for restricting the operation of special enactments as regards the obtaining of consents which that section renders not requisite, or

(c) of subsection (2) of section twenty-four thereof for excluding the operation of special enactments in cases in which the code in Part II of this Act is to have effect,

the Minister may, subject to the provisions of Part II of this Schedule, by order make provision for the express modification, in accordance with the general provisions of that subsection, of the enactment in question.

(2) The preceding sub-paragraph shall apply to public general enactments for the purposes of their operation as incorporated or applied as mentioned in subsection (3) of section fifteen of this Act, in subsection (2) of section seventeen or in subsection (2) of section twenty-four thereof, as it applies to special enactments.

Power for saving certain existing protections E+W+S

2 (1) If it appears to the Minister that, by the operation of subsections (2) and (3) of section fifteen of this Act, or of subsections (1) and (2) of section twenty-four thereof (or by the operation of those subsections respectively together with an order under paragraph 1 of this Schedule), an authority, body or person has been or will be deprived of some protection which was afforded to them or him by a special enactment, and that a corresponding protection is in all the circumstances reasonably required in connection with the operation in relation to them or him of the street works code, or of the code in Part II of this Act, as the case may be, the Minister may, subject to the provisions of Part II of this Schedule, by order make provision for affording such corresponding protection to them or him.

(2) The preceding sub-paragraph shall apply to public general enactments for the purposes of their operation as incorporated or applied as mentioned in subsection (3) of section fifteen of this Act, or in subsection (2) of section twenty-four thereof, as it applies to special enactments.

Powers for savings as to certain consent requirements E+W+S

3 The Minister may, subject to the provisions of Part II of this Schedule, by order provide for saving, notwithstanding anything in subsection (1) of section seventeen of this Act, any requirement of consent imposed by a special enactment or by a public general enactment as incorporated or applied in or by a special enactment with any modification, either as regards all works to which the requirement extends or as regards any class of such works.

4 The Minister may, subject to the provisions of Part II of this Schedule, by order provide for rendering valid, notwithstanding anything in subsection (3) of section seventeen of this Act, a provision made by way of condition imposed on the giving of a consent in any respect in which it would otherwise be of no effect by virtue of that subsection.

Part II E+W+S Procedure for making Orders under this Schedule

5 Where the Minister proposes to make an order under this Schedule, he shall prepare a draft of the order and shall publish in the [F1 London][F1 Edinburgh] Gazette, and in at least one newspaper circulating in the locality in relation to which the enactment in question has effect, a notice—

(a) stating the general effect of the proposed order;

(b) specifying a place in the said locality where a copy of the draft of the order may be inspected by any person free of charge at all reasonable hours or may be purchased by any person at a charge not exceeding [F2 5p]; and

(c) stating that any person may, by notice given to the Minister within three months from the date of the publication of the notice, object to the proposed order.

Textual Amendments

F1 Word “Edinburgh” substituted (S.) for word “London” by Roads (Scotland) Act 1984 (c. 54, SIF 108), Sch. 9 para. 39(38)(a)

F2 Words substituted by virtue of Decimal Currency Act 1969 (c. 19, SIF 10), s. 10(1)

6 Not later than the day on which the said notice is published, or, if it is published on two or more days, the day on which it is first published, the Minister shall furnish each of the parties specified in the Table set out at the end of this Schedule with a copy of the draft of the order.

7 If any objection to the proposed order is received by the Minister from any authority, body or person required to be furnished with a copy of the draft of the order within three months from the date of their or his being furnished therewith, or is received by the Minister from any other person appearing to him to be affected within three months from the day on which the notice of the proposed order is published, or, if it is published on two or more days, from the later or latest of them, and the objection is not withdrawn, he shall cause a local inquiry to be held:

Provided that, in the case of an objection made otherwise than by an authority, body or person required to be furnished with a copy of the draft of the order, the Minister may dispense with such an inquiry if he is satisfied that it is unnecessary.

[F3 8 [F4 Subsections (2) to (5) of section 250 of the M1 Local Government Act 1972] (which relate to the giving of evidence at, and defraying of costs of, inquiries) shall apply in relation to a local inquiry held under the last preceding paragraph as they apply in relation to inquiries held under that section:

Provided that subsection (4) of that section (which requires the sosts of the department holding the inquiry to be defrayed by the parties thereto) shall not apply in so far as the Minister is of opinion, having regard to the object and result of the inquiry, that the Minister’s costs should be defrayed by him.]

Textual Amendments

F3 Sch. 6 para. 8 repealed (S.) by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(3), Schs. 10, 11

F4 Words substituted by virtue of Local Government Act 1972 (c. 70, SIF 81:1), s. 272(2)

Marginal Citations

M1 1972 c. 70(81:1).

9 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 Minister may make the order either without modification or subject to such modifications as he thinks fit.

10 If any objection is duly made by any authority, body or person required to be furnished with a copy of the draft of the order and is not withdrawn, the order shall be subject to special parliamentary procedure.

Table E+W+S Parties to be furnished with copies of drafts of orders under this Schedule

(i) In the case of an order under paragraph 1 for the modification of an enactment which regulates the exercise of a power in relation to which the street works code is to have effect—

On the undertakers by whom the power is exercisable, and on each authority, body or person who would in any circumstances be an authority or managers concerned in relation to code-regulated works executed in a [F5 street][F5 road] in exercise of the power.

Textual Amendments

F5 Word “road” substituted (S.) for word “street” by Roads (Scotland) Act 1984 (c. 50, SIF 108), Sch. 9 para. 39(38)(b)(i)

(ii) In the case of an order under paragraph 1 for the modification of an enactment as regards the obtaining of a consent—

On the authority, body or person whose consent would be required but for section seventeen of this Act and on the undertakers who would be required to obtain the consent.

(iii) In the case of an order under paragraph 1 for the modification of an enactment proposed to be modified on the ground of the result, or likely result, of the operation of the general provisions of subsection (2) of section twenty-four of this Act on the enactment—

On each of the parties (whether a [F6 [F7 local highway authority] mentioned in subsection(1) of section twenty-one of this Act,][F6 local roads authority] or a bridge authority or managers or a transport authority having power to execute authority’s works within the meaning of that section, or undertakers having apparatus liable to be affected by such works) relations between whom in connection with such works and apparatus are regulated by the enactment.

Textual Amendments

F6 Words “local roads authority” substituted (S.) for words “[local highway authority] mentioned is subsection 1 of section twenty-one of this Act,” by virtue of Roads (Scotland) Act 1984 (c. 54, SIF 108), Sch. 9 para. 39(38)(b)(ii)

F7 Words substituted (E.W.) by Local Government Act 1972 (c. 70, SIF 81:1), Sch. 21 para. 98(6)

(iv) In the case of an order under paragraph 2 relating to a protection afforded by an enactment—

On each of the parties on whom service would have been required under head (i) or (iii) of this Table if the order had been one under paragraph 1 for the modification of the enactment, and on any other authority, body or person to whom the protection in question was afforded by the enactment.

(v) In the case of an order under paragraph 3 or 4—

On each of the parties on whom service would have been required under head (ii) of this Table if the order had been one under paragraph 1 for the modification of an enactment as regards the obtaining of the consent.