Part X Highways
Orders made by Secretary of State
C1252 Procedure for making of orders.
1
Before making an order under section 247, 248, 249 or 251 the Secretary of State F1or, as the case may be, the council of a London borough shall publish in at least one local newspaper circulating in the relevant area, and in the London Gazette, a notice—
a
stating the general effect of the order;
b
specifying a place in the relevant area where a copy of the draft order and of any relevant map or plan may be inspected by any person free of charge at all reasonable hours during a period of 28 days from the date of the publication of the notice (“the publication date”); and
c
stating that any person may within that period by notice to the Secretary of State F2or, as the case may be, the council of the London borough object to the making of the order.
2
Not later than the publication date, the Secretary of State F3or, as the case may be, the council of the London borough shall serve a copy of the notice, together with a copy of the draft order and of any relevant map or plan—
a
on every local authority in whose area any highway or, as the case may be, any land to which the order relates is situated, and
F4aa
on any National Park authority which is the local planning authority for the area in which any highway or, as the case may be, any land to which the order relates is situated, and
b
on any water, sewerage, hydraulic power or electricity undertakers or F5public gas transporter having any cables, mains, sewers, pipes or wires laid along, across, under or over any highway to be stopped up or diverted, or, as the case may be, any land over which a right of way is proposed to be extinguished, under the order.
3
Not later than the publication date, the Secretary of State F6or, as the case may be, the council of the London borough shall also cause a copy of the notice to be displayed in a prominent position at the ends of so much of any highway as is proposed to be stopped up or diverted or, as the case may be, of the right of way proposed to be extinguished under the order.
F253A
Where the Welsh Ministers are proposing to make an order under section 247, 248 or 251 in connection with development of national significance—
a
subsection (1) has effect as if for “shall” there were substituted “may”;
b
subsections (2) and (3) apply only if the Welsh Ministers publish a notice under subsection (1).
4
If before the end of the period of 28 days mentioned in subsection (1)(b) an objection is received by the Secretary of State F7or, as the case may be, the council of the London borough, from any local authority F8National Park authority or undertakers or F5public gas transporter on whom a notice is required to be served under subsection (2), or from any other person appearing to F9to the Secretary of State or, as the case may be, the council to be affected by the order, and the objection is not withdrawn, then
F10a
in a case where the Secretary of State is proposing to make an order, he shall cause a local inquiry to be held unless subsection (5) applies, or
b
in a case where the council of a London borough is proposing to make an order, it shall notify the Mayor of London of the objections and shall cause a local inquiry to be held unless subsection (5A) applies.
5
If, in a case where F11the Secretary of State is proposing to make an order and the objection is made by a person other than such a local authority or undertakers or F5transporter, the Secretary of State is satisfied that in the special circumstances of the case the holding of such an inquiry is unnecessary he may dispense with the inquiry.
F125A
In a case where—
a
the council of a London borough is proposing to make the order,
b
the council has under subsection (4)(b) notified the Mayor of London of the objections, and
c
none of the objections notified is made by such a local authority or undertakers or transporter as are mentioned in that subsection,
the Mayor of London shall decide whether, in the special circumstances of the case, the holding of such an inquiry is unnecessary, and if he decides that it is unnecessary he shall so notify the council which may dispense with the inquiry.
6
F146A
In their application to an inquiry caused to be held by the council of a London borough—
a
subsection (4) of section 250 of the Local Government Act 1972 shall be treated as if—
i
for the reference to a Minister there were substituted a reference to the council of a London borough,
ii
for the reference to him there were substituted a reference to the council,
iii
for the reference to he there were substituted a reference to the council acting with the consent of the Mayor of London, and
iv
for the references to the Minister there were substituted references to the council of the London borough, and
b
subsection (5) of that section shall be treated as if—
i
for the reference to the Minister there were substituted a reference to the council of a London borough, and
ii
the power to make an order as to the costs of parties were subject to a requirement to act with the consent of the Mayor of London.
F306B
Where the Welsh Ministers are proposing to make an order under section 247, 248 or 251 in connection with development of national significance, subsections (6C) and (6D) apply in place of subsections (4) to (6).
6C
The Welsh Ministers may cause a local inquiry to be held if—
a
they have published a notice under subsection (1)(b),
b
before the end of the period of 28 days mentioned in subsection (1)(b) they receive an objection from a person mentioned in subsection (2)(a) to (b), or from any other person appearing to them to be affected by the order, and
c
the objection is not withdrawn.
6D
Subsections (2) and (3) of section 250 of the Local Government Act 1972 and section 322C apply in relation to an inquiry caused to be held by the Welsh Ministers under subsection (6C).
7
Where publication of the notice mentioned in subsection (1) takes place on more than one day, the references in this section to the publication date are references to the latest date on which it is published.
8
F15Where the Secretary of State is proposing to make an order, 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 Secretary of State may, subject to subsection (9), make the order either without modification or subject to such modifications as he thinks fit.
F168A
Where the council of a London borough is proposing to make an order, after—
a
considering any objections to the order which are not withdrawn, and
b
where a local inquiry is held—
i
considering the report of the person who held the inquiry, and
ii
obtaining the consent of the Mayor of London to the making of the order,
the council may, subject to subsection (9), make the order either without modification or subject to such modification as it thinks fit.
9
Where—
a
the order contains a provision requiring any such payment, repayment or contribution as is mentioned in section 247(4)(a); and
b
objection to that provision is duly made by an authority or person who would be required by it to make such a payment, repayment or contribution; and
c
the objection is not withdrawn,
the order shall be subject to special parliamentary procedure.
10
Immediately after the order has been made, the Secretary of State F17or, as the case may be, the council of the London borough shall publish, in the manner specified in subsection (1), a notice stating that the order has been made and naming a place where a copy of the order may be seen at all reasonable hours.
F1810A
Nothing in subsection (2) shall require the council of a London borough to serve anything on itself.
11
Subsections (2), (3) and (7) shall have effect in relation to a notice under subsection (10) as they have effect in relation to a notice under subsection (1).
12
In this section—
F31“development of national significance” is to be interpreted in accordance with section 62D;
“the relevant area”, in relation to an order, means the area in which any highway or land to which the order relates is situated;
“local authority” means the council of a county, F19 county borough, district, parish F20, community or London borough, F21a F27police and crime commissioner, the Mayor's Office for Policing and Crime, . . . a joint authority established by Part IV of the M2Local Government Act 1985, F24an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009, a combined authority established under section 103 of that Act,F32a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023,F26 a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004,F28the London Fire Commissioner, a housing action trust established under Part III of the M3Housing Act 1988 F22, the Residuary Body for Wales (Corff Gweddilliol Cymru) and the parish meeting of a F23. . . parish not having a separate parish council;
and in subsection (2)—
i
the reference to water undertakers shall be construed as including a reference to F29the Environment Agency and the Natural Resources Body for Wales, and
ii
the reference to electricity undertakers shall be construed as a reference to holders of licences under section 6 of the M4Electricity Act 1989 who are entitled to exercise any power conferred by paragraph 1 of Schedule 4 to that Act.