The Transport and Works (Applications and Objections Procedure) Rules 1992

Explanatory Note

(This note is not part of the Rules)

These Rules prescribe the procedures for the making of applications for orders under Part I of the Transport and Works Act 1992 (“the Act”) and for the lodging of objections to such applications. They also prescribe the procedures for the handling of objections where the Secretary of State decides not to hold a public inquiry or hearing under section 11 of the Act.

Rule 3 (which introduces Schedule 2) provides for the notification of certain bodies having statutory responsibilities in particular areas of the prospective applicant’s intention to make an application.

Rules 4, 5 and 7 (with Schedules 1 and 4) prescribe the form of the application and the documentation which must be submitted in support of it. In particular, for the purpose of implementing Council Directive 85/337/EEC, it is provided that an environmental statement must be submitted, subject however to the provisions of rule 6.

Rule 6 enables the Secretary of State, in certain circumstances, to waive the requirement for an environmental statement where the Directive does not apply. Conversely, it empowers the Secretary of State to require the applicant to supply further information where he believes that the information provided is insufficient to comply with the requirements of the Rules and it permits the applicant himself to supply additional information after the application has been submitted. The rule also enables the applicant to obtain environmental information from bodies with special knowledge.

Rule 8 provides for the service by the applicant of copies of the application and certain supporting documents on certain interested persons and bodies, listed in this rule or in Schedule 5.

Rules 9 and 10 provide for the service by the applicant of notice of the application on other persons and bodies, listed in these Rules and in Schedule 6, the publication of notice of the application in local newspapers, and the posting of notices at the site of proposed works and elsewhere.

Rule 11 provides for the making of minor amendments to an application, that is those not involving material alteration of its subject-matter.

Rules 12 and 13 provide for amendments to the applications procedure. They enable the Secretary of State to waive certain requirements, or to impose additional ones, if appropriate. Rule 12(4) in particular makes provision for the submission of amended applications which do involve a material (though not a major) alteration to part of an earlier application.

Rule 14 and Schedule 7 prescribe the fees payable on making an application.

Rule 15 makes provision for the special circumstances occurring when the Secretary of State himself makes proposals for an order under section 7 of the Act.

Rules 16 to 18 make provision for general matters relating to objections and other written representations, including the validity of objections and the service of copies of objections, etc, upon other persons. Provision is also made for determining when objections are to be dealt with by the written representations procedure.

Rule 19 sets out the procedure for dealing with objections by written representations where the objections are either too few, or not sufficiently complex, to warrant the holding of a public inquiry or hearing. The applicant may reply to an objector’s arguments and the objector may then comment on such replies.

Rule 20 imposes requirements on the Secretary of State where a public inquiry or hearing is called.

Rule 21 provides for the extension of time limits for the taking of steps prescribed by these Rules.

Schedule 3 prescribes forms of notice.