The Trunk Road Charging Schemes (Bridges and Tunnels) (England) Procedure Regulations 2001

Variation of an Order

11.—(1) The procedure set out in the preceding provisions of these Regulations applies equally to any order varying an order (“a variation order”) except where paragraph (2) or paragraphs (3) to (11) below apply.

(2) Where the variation order is to have the sole effect of varying charges in accordance with changes in the retail price index the Secretary of State shall give not less than 7 days notice of his intention to implement the variation by publishing a notice thereof in at least one local newspaper circulating in the relevant area and in the London Gazette.

(3) Where he considers the proposed variation of an order to be a minor one (except where paragraph (2) applies) the Secretary of State shall:

(a) give notice of the proposed variation to those persons mentioned in regulation 4 above;

(b) publish in at least one local newspaper circulating in the relevant area and in the London Gazette, a notice specifying at least one place in the relevant area where the documents mentioned in paragraph (5) below may be inspected by any person free of charge and details of the times at which they can be inspected during the period mentioned in paragraph (5).

(4) A notice under sub-paragraph (3)(b) above shall include:

(a) the title of the draft variation order;

(b) the date on which it is proposed that the variation order shall come into force;

(c) a statement of the general nature and effect of the variation order;

(d) the name of the road to which the variation order relates;

(e) the date by, and the address (including an electronic mail address) to which, objections and representations shall be made; and

(f) a statement that any such objections or representations must be in writing and specify the grounds on which they are made.

(5) Copies of the following documents shall be available for inspection pursuant to paragraph (3)(b) above at all reasonable hours until the date specified pursuant to paragraph (4)(e) (which must be not less than 42 days after the date of publication of the notice of the draft order):

(a) the order proposed to be varied;

(b) the draft variation order; and

(c) a statement setting out the Secretary of State’s reasons for proposing the variation order.

(6) The Secretary of State shall allow a period of not less than 42 days for the making of written objections to or representations (specifying the grounds on which they are based) on the proposed variation order.

(7) The Secretary of State must consider any objections and representations and, if he decides to make the variation order, make it with or without modifications after notifying his decision in writing to the persons mentioned in regulation 4 above and to those who have made written objections or representations.

(8) The Secretary of State shall publish a notice that he has made it in at least one newspaper circulating in the relevant area and in the London Gazette specifying at least one place in the relevant area where the documents mentioned in paragraph (10) below may be inspected by a person free of charge and details of the times at which they can be inspected during the period mentioned in paragraph (10).

(9) A notice under paragraph (8) shall include:

(a) the title of the variation order;

(b) the date on which it comes into force and its duration;

(c) a statement of the general nature and effect of the variation order; and

(d) a description of the road in relation to which charges are to be imposed under the variation order and the approximate length of the road.

(10) Copies of the order that has been varied and the variation order shall be available for inspection pursuant to paragraph (8) above at all reasonable hours for a period of not less than 21 days after publication of the notice of the making of the variation order.

(11) A variation order shall not be made so as to come into force before the notices required by paragraph (8) above have been published.