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THE STOPPING UP OF HIGHWAYS (CONCURRENT PROCEEDINGS) REGULATIONS, 1948.

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1.  These Regulations shall come into operation on the 1st day of July, 1948, and may be cited as “The Stopping Up of Highways (Concurrent Proceedings) Regulations, 1948.”

2.  Where in pursuance of paragraph 1 of the Sixth Schedule to the Act, the Minister publishes a notice relating to an order which he proposes to make under subsection (1) of Section 49 of the Act for the stopping up or diversion of any highway, the subsequent provisions of these Regulations shall apply.

3.  The publication of any notice which the Minister or a local highway authority would be required to effect in pursuance of paragraphs 3 and 7 of the First Schedule to the Acquisition of Land (Authorisation Procedure) Act, 1946, for the purpose of being authorised under subsection (3) of Section 49 of the Act to acquire land compulsorily for the purpose of providing or improving any highway which is to be provided or improved in pursuance of the said order or for any other purpose for which land is required in connection with that order may be effected, notwithstanding that the said order has not been made, at the same time as the publication of the notice referred to in Regulation 2 of these Regulations or at any time thereafter concurrently with any proceedings required to be taken for the purposes of the said order.

4.  All other proceedings which would be required to be taken in pursuance of the said First Schedule for the purpose of authorising the Minister or the local highway authority, as the case may be, under subsection (3) of the said Section 49 to acquire land compulsorily as aforesaid, may be taken, notwithstanding that the said order has not been made, concurrently with any proceedings required to be taken for the purposes of the said order:

Provided that nothing in this regulation shall be taken to authorise the Minister to make or, as the case may be, to confirm any order authorising the compulsory acquisition of land under Section 1 of the Acquisition of Land (Authorisation Procedure) Act, 1946, until after the relevant order under Section 49 of the Act has been made and become operative.

5.  The Interpretation Act, 1889, shall apply to the interpretation of these Regulations as it applies to the interpretation of an Act of Parliament.

Give under the Official Seal of the Minister of Transport this 19th day of June, 1948.

L.S.

Alfred Barnes

The Minister of Transport

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