Orders giving permanent effect to experimental orders
23. (1) This regulation applies where the sole effect of an order (“a permanent order”), which is not an order made under section 9 of the 1984 Act, is to reproduce an continued in force indefinitely the provisions of an experimental order or of more than one such order (“a relevant experimental order”), whether or not that order has been varied or suspended under section 10(2) of the 1984 Act.
(2) Regulations 6 (consultation), 7 (notice of proposals) and 8 (objections) shall not apply to a permanent order where the requirements specified in paragraph (3) have been complied with in relation to each relevant experimental order.
(3) The requirements are that—
(a)the notice of making contained the statements specified in Schedule 5;
(b)deposited documents (including the documents referred to in sub-paragraphs (c) and (e)) were kept available for inspection in accordance with Schedule 2 throughout the whole of the period specified in regulation 22(4);
(c)the deposited documents included a statement of the order making authority’s reasons for making the experimental order;
(d)no variation or modification of the experimental order was made more than 12 months after the order was made; and
(e)where the experimental order has been modified in accordance with section 10(2) of the 1984 Act, a statement of the effect of each such modification has been included with the deposited documents.
(4) In the application of regulations 10, 11 and 13 and Schedule 3 to a permanent order to which regulations 6, 7 and 8 do not apply by virtue of paragraph (2)—
(a)the notices of making published in respect of each relevant experimental order shall be treated as the notice of proposals published under regulation 7(1)(a) in respect of the permanent order;
(b)any objection made in accordance with the statement included by virtue of paragraph (3)(a) in the notice of making published in respect of a relevant experimental order shall be treated as an objection duly made under regulation 8 to the permanent order.