Part XI

Statutory Undertakers

Extension or modification of statutory undertakers’ functions

Relief of statutory undertakers from obligations rendered impracticable.
277
1
Where, on a representation made by statutory undertakers, the appropriate Minister is satisfied that the fulfilment of any obligation incurred by those undertakers in connection with the carrying on of their undertaking has been rendered impracticable by an act or event to which this subsection applies, the appropriate Minister may, if he thinks fit, by order direct that the statutory undertakers shall be relieved of the fulfilment of that obligation, either absolutely or to such extent as may be specified in the order.
2
Subsection (1) applies to the following acts and events—
a
the compulsory acquisition under Part IX of this Act or under Chapter V of Part I of the Planning (Listed Buildings and Conservation Areas) Act 1990 or Chapter 5 of Part 3 of the Historic Environment (Wales) Act 2023 or under any other enactment of any land in which an interest was held, or which was used, for the purpose of the carrying on of the undertaking of the statutory undertakers; and
b
the acts and events specified in section 275(2)(b) to (e).
3
The appropriate Minister may direct statutory undertakers who have made a representation to him under subsection (1) to publicise it in either or both of the following ways—
a
by publishing in such form and manner as he may direct a notice, giving such particulars as he may direct of the matters to which the representation relates and specifying the time within which, and the manner in which, objections to the making of an order on the representation may be made;
b
by serving such a notice on such persons, or persons of such classes, as he may direct.
4
The statutory undertakers shall comply with any direction given to them under subsection (3) as soon as possible after the making of the representation under subsection (1).
5
If any objection to the making of an order under this section is duly made and is not withdrawn before the order is made, the order shall be subject to special parliamentary procedure.
6
Immediately after an order is made under this section by the appropriate Minister, he shall—
a
publish a notice stating that the order has been made and naming a place where a copy of it may be seen at all reasonable hours; and
b
serve a similar notice—
i
on any person who duly made an objection to the order and has sent to the appropriate Minister a request in writing to serve him with the notice required by this subsection, specifying an address for service; and
ii
on such other persons (if any) as the appropriate Minister thinks fit.
7
Subject to subsection (8), and to the provisions of Part XII, an order under this section shall become operative on the date on which the notice required by subsection (6) is first published.
8
Where in accordance with subsection (5) the order is subject to special parliamentary procedure, subsection (7) shall not apply.
Pt XI (ss. 262-283) applied (10.11.1993) by 1993 c. 28, s. 169, Sch. 20 Pt. II para. 19(3); S.I. 1993/2762, art. 3
Pt. XI (ss. 262-283) modified (1.11.1995) by 1995 c. 25, s. 96, Sch. 13 para. 15(4)(a) (with ss. 7(6), 115, 117); S.I. 1995/2765, art. 2
Pt. XI (ss. 262-283) applied (25.11.1998 for specified purposes otherwise 3.7.2000) by 1998 c. 45, s. 23, Sch. 6 para. 16(2)(3); S.I. 1998/2952, art. 2(1); S.I. 2000/1173, art. 2(2)(c)
Pt. XI (ss. 262-283) modified (1.11.1995) by 1995 c. 25, s. 96, Sch. 14 para. 13(4) (with ss. 7(6), 115, 117); S.I. 1995/2765, art. 2
Ss. 275-278, 279(2)-(4), 280, 282 modified (3.6.1999) by S.I. 1999/1555, art. 11, Sch. 2 para. 1
Ss. 275-278, 279(2)-(4), 280, 282, modified (21.7.1999) by S.I. 1999/2129, art. 20, Sch. 3 para. 1
Ss. 275-278, 279(2)-(4), 280, 282, modified (20.8.1999) by S.I. 1999/2336, art. 25, Sch. 6 para. 1
Ss. 275-278, 279(2)-(4), 280, 282 modified (23.8.1999) by S.I. 1999/2981, art. 29, Sch. 11 para. 1
Ss. 275-278 applied (with modifications) (18.7.2001) by S.I. 2001/2870, art. 25, Sch. 4
Ss. 275-278 applied (24.7.2001) by S.I. 2001/3627, arts. 63, 64, Sch. 11 paras. 1, 2, Sch. 12 para. 5(3)
1990 c. 9.
Ss. 275-278 applied (with modifications) (19.12.2017) by The Network Rail (Buxton Sidings Extension) Order 2017 (S.I. 2017/1150), art. 1, Sch. 11 para. 1 (with art. 32(2), Sch. 11 para. 3)
Words in s. 277(2)(a) inserted (4.11.2024) by Historic Environment (Wales) Act 2023 (asc 3), s. 212(2), Sch. 13 para. 86 (with Sch. 14 paras. 1-3); S.I. 2024/860, art. 3(d)
Ss. 275-278 applied (with modifications) (2.8.2022) by The Network Rail (Oxford Station Phase 2 Improvements (Land Only)) (No. 2) Order 2022 (S.I. 2022/872), art. 1(1), Sch. 4
Ss. 275-278 applied (with modifications) (2.1.2018) by The Boston Barrier Order 2017 (S.I. 2017/1329), art. 1, Sch. 6 para. 1 (with arts. 55-57, Sch. 8 para. 13)
Ss. 275-278 modified (16.12.2015) by The Network Rail (Tinsley Chord) Order 2015 (S.I. 2015/1876), art. 1, Sch. 7 paras. 2-5