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The Secretary of State’s Traffic Orders (Procedure) (England and Wales) Regulations 1990

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Notice of public inquiry

8.—(1) Where the Secretary of State decides, before publishing the notice of proposals under regulation 6, to hold a public inquiry, the notice of proposals shall contain, in addition to the particulars required by that regulation, the particulars specified in Part II of Schedule 1.

(2) In all other cases where, in connection with an order, a public inquiry is to be held the Secretary of State shall, after complying with the requirements of regulation 6—

(a)publish once at least in a local newspaper circulating in the area in which any road or other place to which the order relates is situated a notice of the inquiry containing the particulars specified in Part III of Schedule 1;

(b)publish a similar notice in the London Gazette;

(c)not later than the date of the first publication of the notice required by sub-paragraph (a) of this paragraph, inform in writing any person who has objected to the order in accordance with regulation 7 and who has not withdrawn the objection, of the date, time and place of the inquiry;

(d)send to the relevant local authority a copy of the notice;

(e)if it appears to the Secretary of State that it would be desirable in the interests of giving adequate publicity to the inquiry, comply with the relevant requirements of Schedule 2 as to the notices to be displayed in each road to which the order relates;

(f)omply with the relevant requirements of Schedule 3 as to the availability of documents for inspection.

(3) Paragraph (2) of regulation 6 shall apply in relation to the publication of a notice under paragraph (2) of this regulation as it applies in relation to the publication of a notice of proposals under regulation 6.

(4) Where the notice of proposals published under regulation 6 announces the holding of a public inquiry, there shall be at least 42 days between the date that the Secretary of State complies with paragraph (1)(a) and (b) of that regulation and the date when the public inquiry is due to begin.

(5) Where a notice of a public inquiry is published under sub-paragraphs (a) and (b) of paragraph (2), there shall be at least 42 days between whichever is the later of—

(a)the last day on which an objection can be sent under regulation 7, or

(b)the date when the Secretary of State complies with those sub-paragraphs,

and the date that the inquiry is due to begin.

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