SCHEDULES

C1SCHEDULE 1 Procedures for Making or Confirming Certain Orders and Schemes

Annotations:
Modifications etc. (not altering text)
C1

Sch. 1 excluded (21.10.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), ss. 30(6), 34(7)(with savings ss. 47(4), 167(2)); S.I. 1991/2286, art. 2(1), Sch. 1

Part I Orders

7

1

Subject to paragraph 19 below, after considering objections (if any) to the proposed order or, as the case may be, the order which are not withdrawn and, where a local inquiry is held, the report of the person who held the inquiry, the Secretary of State may make of confirm the order either without modification or subject to such modifications as he thinks fit.

F11A

Where the Secretary of State has published an environmental statement, the matters to be considered before an order is made under this paragraph include—

a

the statement;

b

any opinion expressed by a member of the public; and

c

if the statement relates to land such as is mentioned in section 20A(5) of this Act, any opinion expressed by the appropriate environmental body.

F21B

When the Secretary of State issues his decision as to whether or not to make the order he shall state that he has considered the matters set out in paragraph 7(1A) above.

2

The power under this paragraph to make or confirm the order includes power to make or confirm it so far as relating to part of the proposals contained in it (either without modification or subject to such modifications as he thinks fit) while deferring consideration of the remaining part.