Part 8

Miscellaneous and general
Chapter 1

Miscellaneous

Charging and trading

Procedure for orders under section 97: England
98
1
Before making an order under section 97, the Secretary of State shall consult—
a
such relevant authorities as appear to him to be likely to be affected by his proposals, and
b
such other persons as appear to him to be representative of interests likely to be so affected.
2
If following consultation under subsection (1) ..., the Secretary of State proposes to make an order under section 97, he shall lay before each House of Parliament a document which—
a
explains his proposals,
b
sets them out in the form of a draft order, and
c
gives details of consultation under subsection (1), ...
d . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
Where a document relating to proposals is laid before Parliament under subsection (2), no draft of an order under section 97 to give effect to the proposals (with or without modification) shall be laid before Parliament until after the expiry of the period of sixty days beginning with the day on which the document was laid.
4
In calculating the period mentioned in subsection (3), no account shall be taken of any time during which —
a
Parliament is dissolved or prorogued, or
b
either House is adjourned for more than four days.
5
In preparing a draft order under section 97 the Secretary of State shall consider any representations made during the period mentioned in subsection (3).
6
A draft order laid before Parliament in accordance with section 97(9) must be accompanied by a statement of the Secretary of State giving details of—
a
any representations considered in accordance with subsection (5), and
b
any changes made to the proposals contained in the document laid before Parliament under subsection (2).
7
Nothing in this section applies to an order under section 97 which is made only for the purpose mentioned in section 97(10).
8
In this section, “
relevant authority
” has the meaning given in section 97.
Words in s. 98(2) substituted (24.5.2018) by The Welsh Ministers (Transfer of Functions) Order 2018 (S.I. 2018/644), arts. 1(1), 40(3)(b)(ii)
Word in s. 98(2)(c) omitted (24.5.2018) by virtue of The Welsh Ministers (Transfer of Functions) Order 2018 (S.I. 2018/644), arts. 1(1), 40(3)(b)(iv)
Word in s. 98(2)(b) inserted (24.5.2018) by The Welsh Ministers (Transfer of Functions) Order 2018 (S.I. 2018/644), arts. 1(1), 40(3)(b)(iii)
Word in s. 98 heading inserted (24.5.2018) by The Welsh Ministers (Transfer of Functions) Order 2018 (S.I. 2018/644), arts. 1(1), 40(3)(a)
S. 98(2)(d) omitted (24.5.2018) by virtue of The Welsh Ministers (Transfer of Functions) Order 2018 (S.I. 2018/644), arts. 1(1), 40(3)(b)(v)
S. 98(8) inserted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 7 para. 3(8)(b); S.I. 2008/917, art. 2(1)(a)
Words in s. 98(1)(a) substituted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 7 para. 3(8)(a); S.I. 2008/917, art. 2(1)(a)
Words in s. 98(2) omitted (24.5.2018) by virtue of The Welsh Ministers (Transfer of Functions) Order 2018 (S.I. 2018/644), arts. 1(1), 40(3)(b)(i)