Special Roads Act 1949

PART II Orders under Section Three

7 Where the Minister proposes to make an order under section three of this Act, or where an order is submitted to the Minister under that section by a local highway authority, the Minister or that authority, as the case may be, shall publish in at least one newspaper circulating in the area in which any road to which the order relates is situated, and in the London Gazette or the Edinburgh Gazette; or in both those Gazettes, according as the order affects England or Scotland or both, a notice—

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

(b) specifying a place in the said area where copies of a draft of the order, or of the order as submitted to the Minister, as the case may be, and of any relevant map or plan, may be inspected by any person free of charge at. all reasonable hours during a period of three months from the date of the publication of the notice ; and

(c) stating that, within the said period, any person may by notice to the Minister object to the making or confirmation of the order.

8 Not later than the date on which the said notice is published as aforesaid, the Minister or the local highway authority, as the case may be, shall serve a copy thereof (together with a copy of the draft order or of the order, as the case may be, and of any relevant map or plan)—

(a) on any highway authority to or from whom any road is to be transferred by the proposed order;

(b) on the council of every county, county borough and county district or, in Scotland, on the council of every county, burgh and district, in which any works authorised by the proposed order are to be carried out;

(c) where the proposed order authorises the stopping up of any private means of access to any premises, on the owner and occupier of those premises ;

(d) where the proposed order provides for entry by the special road authority on any land, on the occupier of that land.

9 Where the proposed order authorises the stopping up or diversion of any road, the Minister or the local highway authority, as the case may be, shall, not later than the date on which the notice is published as aforesaid, cause a copy thereof to be displayed in a prominent position on that part of the road which is proposed to be so stopped up or diverted, and shall serve a copy of the notice on the parish council (or, in the case of a rural parish not having a separate parish council, on the parish meeting) of any parish in which that part of the road is situated.

10 Paragraphs 3 to 6 of this Schedule shall apply in relation to an order under section three of this Act as if for any reference therein to the scheme there were substituted a reference to the order and as if, in the said paragraph 3, for the reference to paragraph 2 of this Schedule there were substituted a reference to paragraph 8 of this Schedule.