Water Resources Act 1991

Section 143.

SCHEDULE 17 E+W ORDERS WITH RESPECT TO NAVIGATION TOLLS

Orders to be made by statutory instrument E+W

1 The power to make an order under section 143 of this Act shall be exercisable by statutory instrument. E+W

Inquiries E+W

2 (1) The Secretary of State may hold inquiries for the purposes of section 143 of this Act as if those purposes were purposes of the M1 Ministry of Transport Act 1919; and section 20 of that Act (power to hold inquiries) shall have effect accordingly. E+W

(2) The Secretary of State may make such order as to the payment of costs incurred by him in connection with any such inquiry as he may think just.

Annotations:

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Marginal Citations

M1 1919 c. 50.

Notice of order E+W

3 (1) After the Secretary of State has made an order under section 143 of this Act, the order, together with a notice under sub-paragraph (2) below, shall be published in such manner as he thinks best adapted for informing the persons affected. E+W

(2) A notice under this sub-paragraph is a notice—

(a) that the Secretary of State has made the order; and

(b) that the order will become final and have effect unless, within such period of not less than thirty days as may be specified in the notice, a memorial praying that the order shall be subject to special parliamentary procedure is presented to the Secretary of State, by a person who is affected by the order and has such an interest as may be prescribed as being sufficient for the purpose.

Orders subject to special parliamentary procedure E+W

4 (1) If— E+W

(a) no such memorial as is mentioned in paragraph 3(2) above has been presented within the period so mentioned in respect of any order under section 143 of this Act; or

(b) every such memorial has been withdrawn,

the Secretary of State shall confirm the order and it shall thereupon have effect.

(2) If such a memorial has been presented in respect of such an order and has not been withdrawn, the order shall be subject to special parliamentary procedure.

(3) An order under section 143 of this Act shall, in any event, be subject to special parliamentary procedure if the Secretary of State so directs.

(4) The Secretary of State may, at any time before it has been laid before Parliament, revoke, either wholly or partially, any order under section 143 of this Act that is subject to special parliamentary procedure.