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New Roads and Street Works Act 1991 (c. 22)(The document as of February, 2008) Page 8 Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10 | P.11 | P.12 (a) that by the operation of subsection (1) a person has been or will be deprived of some protection afforded by a special enactment and that corresponding protection is in all the circumstances required, or (b) that a requirement of consent imposed by a special enactment should be saved from the operation of subsection (2), either as regards all works to which the requirement extends or as regards any description of such works, or (c) that conditions of any descriptions should be rendered valid notwithstanding subsection (3), or (d) that uncertainty or obscurity has resulted or is likely to result from the operation on a special enactment of the general provisions of subsection (1), (2) or (3), he may by order make such provision as he considers appropriate for affording such protection, saving the requirement, rendering the conditions valid or modifying the special enactment, as the case may be. (5) An order under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament; and the provisions of Schedule 7 have effect with respect to the procedure for making such an order. (6) The provisions of this section apply in relation to an instrument having effect under or by virtue of an enactment as in relation to an enactment; and references to a special enactment shall be construed accordingly. 161 Effect of this Part on other existing enactments or instruments(1) The Secretary of State may by order make such provision amending, repealing, or preserving the effect of, any enactment passed or made before the commencement of this Part (not being a special enactment to which section 160(1), (2) or (3) applies) as appears to him appropriate in consequence of the provisions of this Part. (2) Subject to any order under this section and (in the case of a public general Act) to any express amendment made by this Act, any such enactment which proceeds by reference to any provision of the [1950 c. 39.] Public Utilities Street Works Act 1950, or any other provision repealed by this Act in consequence of this Part, shall continue to have effect as if the provision referred to had not been repealed. (3) An order under this section may, in particular, make provision in relation to-- (a) enactments providing for the keeping of records of apparatus, and (b) enactments providing for the giving of notice of proposed road works. (4) An order under this section may contain such transitional provisions and savings as appear to the Secretary of State to be appropriate. (5) An order under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament. (6) Except as mentioned in section 138(6), the provisions of Schedule 7 have effect with respect to the making of an order under this section in relation to a special enactment. (7) The provisions of this section apply in relation to an instrument having effect under or by virtue of an enactment as in relation to an enactment; and references to a special enactment shall be construed accordingly. 162 Former controlled land(1) The following provisions apply with respect to land (not forming part of a road) in which immediately before the commencement of this Part there is apparatus placed by virtue of Schedule 1 to the [1950 c. 39.] Public Utilities Street Works Act 1950 (authorisation of works in certain land abutting a road). (2) If any person having a sufficient interest in the land gives notice to the undertaker that he objects to the continuance of the powers and rights over the land given by that Schedule, those powers and rights shall cease to have effect at the end of the period of six months from the date on which the notice was given. For this purpose a person has a sufficient interest in the land if he is an owner, lessee or occupier of the land having an interest greater than that of tenant for a year or from year to year. (3) The road works authority shall indemnify the undertaker in respect of the costs reasonably incurred by him in or in connection with-- (a) any removal of apparatus rendered necessary by the cessation of his powers and rights under this section, and (b) the execution of any works or taking of any other measures rendered necessary thereby for the purposes of the supply or service for which apparatus whose removal is rendered necessary was used. (4) Where the land becomes part of the road after the commencement of this Part, any consent which would have been required for the placing of the apparatus in the road had it been placed there immediately after the land in question became part of the road shall be deemed to have been given unconditionally. (5) Subject to any exercise of the right conferred by subsection (2), the rights and powers of the undertaker under Schedule 1 to the Public Utilities Street Works Act 1950 continue unaffected by the repeal of that Act. 163 Meaning of "prescribed" and regulations generally(1) In this Part "prescribed" means prescribed by the Secretary of State by regulations, which may (unless the context otherwise requires) make different provision for different cases. (2) Regulations under this Part shall be made by statutory instrument which, unless provision to the contrary is made, shall be subject to annulment in pursuance of a resolution of either House of Parliament. (3) Regulations under this Part may provide for references in the regulations to any specified document to operate as references to that document as revised or re-issued from time to time. 164 Minor definitions(1) In this Part--
(2) A right to execute works which extends both to a road and to other land is included in references in this Part to a right to execute works in a road in so far as it extends to the road. (3) A right to execute works which extends to part of the road but not the whole is included in references in this Part to a right to execute works in a road; and in relation to such a right references in this Part to the road in which it is exercisable shall be construed as references to the part to which the right extends. (4) For the purposes of this Part apparatus shall be regarded as affected by works if the effect of the works is to prevent or restrict access to the apparatus (for example, by laying other apparatus above or adjacent to it). (5) Section 28 of the [1970 c. 44.] Chronically Sick and Disabled Persons Act 1970 (power to define "disability" and other expressions) applies in relation to the provisions of this Part as to the provisions of that Act. 165 Index of defined expressionsThe expressions listed below are defined or otherwise fall to be construed for the purposes of this Part in accordance with the provisions indicated--
Part V General166 Offences by bodies corporate or Scottish partnerships(1) Where an offence under this Act committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a director, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity, he as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly. In relation to a body corporate whose affairs are managed by its members "director" means a member of the body corporate. (2) Where an offence under this Act is committed in Scotland by a Scottish partnership and is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, he as well as the partnership is guilty of the offence and liable to be proceeded against and punished accordingly. 167 Crown application(1) The provisions of section 327 of the [1980 c. 66.] Highways Act 1980 (application of Act to Crown land) apply in relation to the provisions of Part I of this Act (new roads in England and Wales) as in relation to the provisions of that Act; and the provisions of section 146 of the [1984 c. 54.] Roads (Scotland) Act 1984 (application of Act to Crown land) apply in relation to the provisions of Part II of this Act (new roads in Scotland) as in relation to the provisions of that Act. (2) Subject to any regulations under subsection (3), the provisions of Parts I and II of this Act have effect in relation to persons in the public service of the Crown, vehicles belonging to, or used for the purposes of, a Minister of the Crown or Government department and things done, or omitted to be done, in connection with such vehicles by such persons as they have effect in relation to other persons or vehicles. (3) The Secretary of State may by regulations provide that in their application in relation to-- (a) vehicles belonging to the Crown and used for naval, military or air force purposes, (b) vehicles used for the purposes of any such body, contingent or detachment of the forces of any country as is a visiting force for the purposes of any of the provisions of the [1952 c. 67.] Visiting Forces Act 1952, or (c) vehicles used for the purposes of any headquarters or organisation designated by an Order in Council under section 1 of the [1964 c. 5.] International Headquarters and Defence Organisations Act 1964, the provisions of Parts I and II of this Act shall have effect subject to such modifications as may be prescribed. For this purpose "modifications" includes additions, omissions and alterations. (4) The provisions of Parts III and IV of this Act (street works in England and Wales and road works in Scotland) bind the Crown. (5) Nothing in subsection (4) shall be construed as authorising the bringing of proceedings for a criminal offence against a person acting on behalf of the Crown. (6) Regulations under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament. 168 Minor and consequential amendments and repeals(1) The enactments specified in Schedule 8 have effect with the amendments specified there which are minor amendments and amendments consequential on the provisions of this Act. In that Schedule--
(2) The enactments mentioned in Schedule 9 are repealed to the extent specified there. 169 Extent(1) The following provisions of this Act extend to England and Wales--
(2) The following provisions of this Act extend to Scotland--
(3) The following provisions of this Act extend to Northern Ireland--
170 Commencement(1) The provisions of this Act come into force on such day as the Secretary of State may appoint by order made by statutory instrument; and different days may be appointed for different provisions and different purposes. (2) An order bringing into force any provision may contain such transitional provisions and savings as appear to the Secretary of State to be necessary or expedient. 171 Short titleThis Act may be cited as the New Roads and Street Works Act 1991. EXPLANATORY AND FINANCIAL MEMORANDUMThis Bill has two purposes. The first, with which Parts I and II are concerned, is to amend the procedures by which tolled roads are authorised, and make other provisions for the financing of roads by the private sector. The second, with which Parts III and IV are concerned, is to reform the legislation on utilities' street works. This involves the repeal of the Public Utilities Street Works Act 1950 and consequential amendment of other legislation. Part I New Roads in England and WalesClauses 1 to 24 concern the provision of new roads in England and Wales, particularly by way of an agreement with a private sector concessionaire who will design, build, finance and operate the road in return for the right to collect tolls. Clause 1 defines the term "concession agreement", requires such agreements to contain certain provisions, and requires the Secretary of State to report to Parliament as to the agreements entered into by him and the roads provided under them. Clause 2 provides that under a concession agreement certain highway functions may be exercised by the concessionaire in place of the highway authority. The highway authority will be able to exercise them only in an emergency, in the interests of safety, or in default. Clause 3 provides for traffic regulation on roads subject to a concession. Clause 4 provides for the leasing of land to the concessionaire and excludes certain statutory restrictions which would otherwise apply. Clause 5 and Schedule 1 make provision for the termination of the concession; where this occurs before the end of the toll period, the highway authority must attempt to let a new concession. Clauses 6 to 17 concern procedures for authorising and enforcing tolls. Clause 6 enables the Secretary of State to make (or, where the order is made by a local highway authority, confirm) an order authorising a concessionaire or the highway authority to charge tolls on a new road. Schedule 2 sets out the procedure for such orders, which corresponds to, and is to be taken concurrently with, the procedure for authorising the road. Clause 7 requires a toll order to specify or determine a period within which tolls are chargeable. Clauses 8 and 9 provide for certain toll orders to specify the maximum tolls which may be charged. Clause 10 brings the provision of a toll road within the scope of fair trading legislation. Clause 11 provides for the variation or revocation of toll orders. Clause 12 provides for the extension of tolling, by the highway authority, beyond the toll period on a road which has been subject to a concession. Clause 13 makes detailed provision for the charging of, and exemptions from, tolls. Clause 14 empowers the Secretary of State to make regulations with respect to the collection of tolls and lays down a penalty for demanding tolls contrary to the procedures. Clause 15 creates an offence of refusal or failure to pay tolls and authorises a toll collector to refuse passage to a defaulter and, if necessary, remove the vehicle. Clause 16 provides for the authorisation of facilities for collecting tolls. Clause 17 prohibits the construction of any highway or private access connecting with a toll road unless the highway authority and (where applicable) the concessionaire consent. Clause 18 makes minor amendments to the provisions for classification of traffic on special roads under the Highways Act 1980. Clause 19 provides that a special road for which the Secretary of State is highway authority need not necessarily be a trunk road. Clause 20 enables the Secretary of State to adopt private roads as trunk roads in a single procedure. Clause 21 reforms and extends the provisions of the Highways Act 1980 relating to the execution by a highway authority of works for which another person is paying. Clause 22 enables traffic orders to be made before a road is open, so as to come into force immediately on opening. Clause 23 applies various provisions of the Highways Act 1980 as if this Part were a part of that Act. Clause 24 contains interpretative provisions for Part I. Part II New Roads in ScotlandClauses 25 to 43 concern the provision of new roads in Scotland and correspond generally to the clauses for England and Wales in Part I of the Bill. Clause 25 provides a procedure for authorising a roads authority to charge tolls and for tolled roads and associated facilities to be exempt from rates. It also makes certain requirements in respect of contracts for the design and construction of such roads and provides for reports to Parliament by the Secretary of State in respect of such contracts or roads where he is the roads authority. Clause 26 provides for the assignation of rights under a toll order. Clause 27 corresponds to clause 7 and clause 28 to clause 12. Clause 29 provides that unassignable toll orders should specify the maximum tolls that can be charged, but that assignable toll orders should not, except where clause 30 applies: the latter corresponds to clause 8. Clauses 31 and 32 correspond to clauses 10 and 11, and Clause 33 to clause 5. Clauses 34 to 38 correspond broadly to clauses 13 to 17. Clauses 39 and 40 correspond to clauses 3 and 22. Clauses 41 and 42 correspond to clauses 18 and 19. Clause 43 concerns interpretation and applies provisions of the Roads (Scotland) Act 1984. Part III Street Works in England and WalesClauses 44 to 101 concern the reform of the legislation governing the exercise of utilities' powers to undertake street works in England and Wales, principally the Public Utilities Street Works Act 1950. They include additional provision for the co-ordination of works of all kinds in streets. Clauses 44 to 48 are introductory provisions setting out which streets, works, undertakers and relevant authorities are affected by the provisions of this Part. They include, in clause 46 and Schedule 3, provision for the granting of "street works licences" to permit persons other than those with a statutory right to place and maintain apparatus in streets, and make it an offence to place apparatus or break up streets unless the person had either a statutory right or a street works licence. A new, more tightly drawn, definition of "emergency works", which is important for the purposes of notification of works, is provided in clause 48. Clauses 49 to 56 are concerned with the planning and coordination of works. Clause 49 requires each street authority to keep a register of street works in its area, and the following provisions require advance notification of proposed works, provide powers for street authorities to direct the times of working and, where works would cause the greatest disruption to traffic, impose restrictions on works following substantial road works, place a general duty on street authorities to coordinate the execution of works of all kinds in the streets for which they are responsible, and a general duty on undertakers to cooperate. Clauses 57 to 60 and Schedule 4 allow for the designation by street authorities of streets to be subject to special controls. They include provision for "protected streets" in which the placing of apparatus by undertakers is only allowed with the consent of the street authority, streets with "special engineering difficulties" in which undertakers' works may not be executed until a plan and section has been settled by agreement with the relevant authorities, and "traffic-sensitive" streets in which special requirements as to advance notice may be applied. Clauses 61 to 65 contain general requirements as to the execution of undertakers' works. They include provision for the proper guarding, lighting and signing of works in progress and the avoidance of unnecessary obstruction of the street. They impose requirements on undertakers executing street works to employ properly qualified supervisors and operatives, to afford facilities to street authorities to inspect works, and to inform others whose apparatus in the street may be affected by the works. Clauses 66 to 69 deal with the reinstatement of streets by undertakers following the completion of their works. They set out the duties of undertakers as to reinstatement, and in particular requirements as to the materials to be used, standards of workmanship and the performance of reinstatements. The street authority's power to carry out inspections and investigatory works, and the extent of an undertaker's responsibility for reinstatements affected by subsequent works, are defined. Clauses 70 to 74 are financial provisions covering fees and contributions payable by undertakers. Fees may be prescribed for the occupation of maintainable highways by undertakers executing works, for the inspection of works by street authorities, and as contributions to the costs of a street authority in making good long-term damage attributable to undertakers' works. The liability for the cost of temporary traffic regulation measures required in connection with undertakers' works is prescribed, as is the liability of undertakers to indemnify highway authorities for certain works required to strengthen or repair highways used by diverted traffic. Clauses 75 to 78 set out the duties and liabilities of undertakers with respect to their apparatus in streets, in particular as to the keeping and updating of maps and records, the proper maintenance of their apparatus and the extent of their liability for damage or loss caused by works, bursts or explosions etc. Clauses 79 to 81 deal with measures required to be taken when undertakers' apparatus is affected by highways works, bridge works or transport works. In the case of more major works, they allow for arrangements to be introduced to avoid undue delay and for sharing the costs of taking necessary measures between the authority promoting the works and the undertakers whose apparatus is affected by them. Clauses 82 to 89 are provisions which affect particular authorities and undertakings. They include definitions, a procedure for the treatment of streets likely to become maintainable highways, requirements on undertakers executing works which affect bridges or sewers, and special precautions to be taken when carrying out works which affect the property of transport undertakings. Clause 90 provides a power for street authorities or district councils to undertake street works. Clauses 91 to 101 and Schedule 5 are supplementary provisions setting out for this Part the treatment of offences, the basis for recovery of costs and expenses, the method of service of notices and other documents, and the manner of reckoning periods, and providing for the determination of disputes by arbitration. There is provision that agreements or enactments regulating the execution of street works shall not operate inconsistently with this Part, and there are further definitions with an index of defined expressions. Part IV Road Works in ScotlandClauses 102 to 159 make provisions for Scotland similar to those for England and Wales under Part III. The provisions closely follow those for England and Wales, save for differences relating to legal procedures and for differences in terminology, to correspond to that of the Roads (Scotland) Act 1984. A minor difference appears in clause 104, which allows such non-statutory undertakers as are prescribed to be given permission by the roads works authority to execute road works as an alternative to permission granted under the Roads (Scotland) Act 1984. In England and Wales, all non-statutory undertakers are covered by the street works licence procedures in clause 46 and Schedule 3. Schedules 6 and 7 make similar provision for Scotland to Schedules 4 and 5 for England and Wales. Part V GeneralClauses 160 to 165 relate to the Bill as a whole. Clause 160 contains a standard provision about offences by bodies corporate or Scottish partnerships, and clause 161 applies certain provisions to the Crown. Clause 162 introduces Schedule 8 (minor and consequential amendments) and Schedule 9 (repeals). Clause 163 deals with the territorial extent of different parts of the Bill. Clause 164 contains provisions for commencement, and clause 165 the short title. Financial Effects of the Bill Parts I and II of the Bill are essentially about private financial investment in roads. In so far as this involves public expenditure, in the holding of competitions, the negotiation of concession agreements etc. these provisions are unlikely to involve additional public expenditure as compared with the Local or Hybrid Bill procedures which would otherwise be used. The effects of Parts III and IV of the Bill will be to redistribute some costs between undertakers of street works and highway authorities, and to enable improvements in efficiency which will reduce the overall cost of street works activity, though the establishment of the new procedures will initially impose some costs on both highway authorities and undertakers. Costs may be incurred by Central Government in setting up a central register of street works; they will subsequently be recouped out of fees. Effects on Public Service Manpower The new procedures in Parts I and II of the Bill will have little or no effect on public service manpower as compared to the procedures they replace. As to Parts III and IV, since local authorities will no longer be able to carry out reinstatement as of right, some overall reduction in their direct labour staff may result. SCHEDULESSection 5(2). SCHEDULE 1 Supplementary provisions as to termination of concessionIntroductory1 The provisions of this Schedule apply in relation to the transfer of property, rights and liabilities to the highway authority on the termination of a concession agreement (referred to below as "the ending of the concession"). Property to vest free from security rights2 (1) Property vesting in the highway authority shall do so free from any mortgage, charge, lien or other security to which it was subject immediately before the ending of the concession. (2) This does not affect the liability secured. Recovery of property taken in distress, &c.3 (1) Where before the ending of the concession possession of any property vesting in the highway authority has been taken in pursuance of any legal process or distress, the highway authority may recover it from any person in possession of it without being required to discharge the liability in respect of which the process or distress was issued or levied. (2) This does not affect the liability in respect of which the process or distress was issued or levied. Validity of previous discharge of liabilities4 Where a liability has been discharged before the ending of the concession which if it had subsisted immediately before the ending of the concession would have fallen to be transferred to the highway authority, nothing in the [1986 c. 45.] Insolvency Act 1986-- (a) affects the validity of anything done by the concessionaire or any other person in discharging the liability, (b) authorises a court to make an order affecting the property of, or imposing an obligation on, any person in consequence of or in connection with the receipt by him or by any other person of a payment made, property transferred or other benefit provided by the concessionaire or any other person in discharging that liability, or (c) shall be treated as giving rise to a trust affecting money or property so transferred. Property subject to covenants, conditions or restrictions5 Except as provided by paragraph 2, property vesting in the highway authority shall be held by the authority subject to all covenants, conditions and restrictions subject to which the property was held by the concessionaire. Transfer of agreements, &c.6 (1) Subject to the concession agreement and to paragraph 2, all agreements and other transactions entered into or effected by the concessionaire and subsisting immediately before the ending of the concession, in so far as they relate to property, rights or liabilities transferred to the highway authority shall have effect with the substitution of the authority for the concessionaire. (2) Accordingly-- (a) such an agreement or transaction may be enforced by or against the highway authority, and (b) references to the concessionaire in an agreement (whether or not in writing) and in a deed, bond or other instrument or document, so far as relating to the property, rights or liabilities mentioned above shall be taken after the ending of the concession as referring to the highway authority. Legal or other proceedings7 (1) Subject to the concession agreement, all legal or other proceedings begun before the ending of the concession and relating to property, rights or liabilities transferred to the highway authority, other than proceedings for enforcing a security from which the property is released by virtue of paragraph 2, may be carried on with the substitution of the highway authority for the concessionaire. (2) Such proceedings may be amended in such manner as may be necessary for that purpose. Transfer of employees8 For the purposes of the [S.I. 1981/1794.] Transfer of Undertakings (Protection of Employment) Regulations 1981, or any regulations replacing those regulations, the concessionaire shall be treated as transferring to the highway authority an undertaking which, if a new concessionaire is appointed, the authority shall be treated as then transferring to the new concessionaire. Section 6(3). SCHEDULE 2 Procedure in Connection with Toll OrdersPublicity for proposals1 (1) Where the Secretary of State proposes to make a toll order, he shall prepare a draft of the order and shall publish in at least one local newspaper circulating in the area in which the proposed special road is to be situated, and in the London Gazette, a notice-- (a) stating the general effect of the proposed order; (b) naming a place in that area where a copy of the draft order may be inspected by any person free of charge at all reasonable hours during a period specified in the notice, being a period of not less than six weeks from the date of the publication of the notice; and (c) stating that, within that period, any person may by notice to the Secretary of State object to the making of the order. (2) Where a toll order is submitted to the Secretary of State by a local highway authority, the authority shall publish in at least one local newspaper circulating in the area in which the proposed special road is to be situated, and in the London Gazette, a notice-- (a) stating the general effect of the order as submitted to the Secretary of State; (b) naming a place in that area where a copy of the order may be inspected by any person free of charge at all reasonable hours during a period specified in the notice, being a period of not less than six weeks from the date of the publication of the notice; and (c) stating that, within that period, any person may by notice to the Secretary of State object to the confirmation of the order. (3) Where the special road to which the toll order relates is to be subject to a concession, the Secretary of State or the local highway authority shall make available for inspection with the copy of the draft order or of the order, as the case may be, a statement containing such information as may be prescribed with respect to the concessionaire and the concession agreement. The notice under sub-paragraph (1) or (2) shall indicate that such a statement will be so available for inspection. (4) In sub-paragraph (3) "prescribed" means prescribed by the Secretary of State by regulations made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament. 2 (1) The Secretary of State or the local highway authority, as the case may be, shall serve on every local authority in whose area any part of the route of the proposed special road is situated a copy of the notice published under paragraph 1(1) or (2) and of the draft order or of the order, as the case may be. (2) The copies must be served not later than the day on which the notice is published or, if it is published on two or more days, the day on which it is first published. (3) In sub-paragraph (1) "local authority" means a county, district or London borough council or the Common Council of the City of London. 3 If it appears to the Secretary of State or, as the case may be, the local highway authority to be desirable to do so, he or they shall take such steps, in addition to those required by paragraphs 1 and 2, as will in his or their opinion secure that additional publicity is given in the area affected by the relevant special road scheme to the proposals contained in the order. 4 (1) Before or after the end of the period specified in the notice in pursuance of paragraph 1(1) or (2), the Secretary of State or the local highway authority, as the case may be, may by a further notice published in the same manner substitute a longer period for that specified in the first notice. (2) Paragraph 2 applies with respect to service of a copy of any such further notice as in relation to the first notice. Making of objections5 (1) A person who objects to the making or confirmation of a toll order shall include in the notice of objection a statement of the grounds of objection. (2) If that is not done, the Secretary of State may disregard the objection. Local inquiry6 (1) If an objection is received by the Secretary of State within the period specified for making objections, and is not withdrawn, then-- (a) if the objection is from a local authority on whom a copy of the notice is required to be served under paragraph 2, the Secretary of State shall cause a local inquiry to be held; (b) if the objection is from any other person appearing to the Secretary of State to be affected, he shall cause a local inquiry to be held unless he is satisfied that in the circumstances of the case it is unnecessary. (2) The period specified for making objections means the period specified in the notice under paragraph 1(1) or (2) or any longer period substituted by a further notice under paragraph 1(3). Making or confirmation of order7 (1) The Secretary of State, after considering-- (a) any objections which are not withdrawn, and (b) where a local inquiry is held, the report of the person who held the inquiry, may make or confirm the order either without modification or subject to such modifications as he thinks fit. (2) Where he proposes to make or confirm the order subject to modifications which will in his opinion make a substantial change in the order, he shall-- (a) notify any person who appears to him to be likely to be affected by the proposed modifications, (b) give that person an opportunity of making representations with respect to the modifications within such reasonable period as he may specify, and (c) consider any representations made to him within that period with respect to the proposed modifications. Notice of making or confirmation of order8 As soon as may be after a toll order has been made or confirmed by the Secretary of State, he shall publish in the London Gazette, and in such other manner as he thinks best adapted for informing persons affected, a notice stating that the order has been made or confirmed and naming a place where a copy of it may be inspected free of charge at all reasonable hours. Special parliamentary procedure where existing highway appropriated or transferred9 (1) A toll order shall be subject to special parliamentary procedure where-- (a) the relevant special road scheme provides for the appropriation by or transfer to the special road authority of an existing highway comprised in the route prescribed by the scheme, and (b) the toll order authorises the charging of tolls for the use of that existing highway or any part of it, unless the Secretary of State is satisfied as regards all classes of traffic entitled to use the existing highway that another reasonably convenient route free of toll is available, or will be provided before the date on which the appropriation or transfer takes effect, and certifies accordingly. (2) Where the Secretary of State proposes to give such a certificate, he shall-- (a) give public notice of his intention to do so, (b) afford an opportunity to all persons interested to make representations and objections, and (c) cause a public local inquiry to be held if it appears to him to be expedient to do so, having regard to representations or objections made, and before deciding whether to give the certificate he shall consider any representations and objections made and, if an inquiry has been held, the report of the person who held the inquiry. (3) As soon as may be after giving a certificate, the Secretary of State shall publish in the London Gazette, and in such other manner as he thinks best for informing persons affected, a notice stating that the certificate has been given. Challenge to validity of order or certificate10 (1) If a person aggrieved by a toll order desires to question the validity of it, or of any provision contained in it, on the ground-- (a) that it is not within the powers of this Act, or (b) that any requirement of this Act has not been complied with, he may within six weeks after the publication (or first publication) of the notice required by paragraph 8 make an application for the purpose to the High Court. (2) The court may on such an application by interim order suspend the operation of the toll order, or any provision of it, either generally or so far as the interests of the applicant are affected, until the final determination of the proceedings. (3) If on an application under this paragraph the court is satisfied-- (a) that the order, or any provision of it, is not within the powers of this Act, or (b) that the interests of the applicant have been substantially prejudiced by a failure to comply with any such requirement as aforesaid, the court may quash the order or any provision of it. (4) If the court quashes the order, the relevant special road scheme shall also cease to have effect. (5) Except as provided by this paragraph, the order shall not be questioned in any legal proceedings whatsoever, either before or after it is made or confirmed, and shall become operative on such date as is specified in the order. 11 (1) In relation to a toll order which is subject to special parliamentary procedure-- (a) if the order is confirmed by Act of Parliament under section 6 of the [9 & 10 Geo. 6 c. 18.] Statutory Orders (Special Procedure) Act 1945, paragraph 10 above does not apply; (b) in any other case, that paragraph has effect subject to the following modifications-- (i) the reference in sub-paragraph (1) to the date on which the notice required by paragraph 8 is published (or first published) shall be construed as a reference to the date on which the order becomes operative under the Act of 1945, and (ii) in sub-paragraph (5) the words "and shall become operative" to the end shall be omitted. (2) The provisions of paragraph 10(1) to (3) and (5) above apply in relation to a certificate under paragraph 9 as in relation to a toll order, subject to the following modifications-- (a) the reference in sub-paragraph (1) to the notice required by paragraph 8 shall be construed as a reference to the notice required by paragraph 9(3), and (b) in sub-paragraph (5) for "made or confirmed" substitute "given" and omit the words from "and shall become operative" to the end. Section 50(4). SCHEDULE 3 Street works licencesGrant of licence1 Before granting a street works licence the street authority shall give not less than 10 working days' notice to each of the following-- Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10 | P.11 | P.12 -- Back --
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