Regulation 80 Orders under the Transport and Works Act 1992: procedure on reviewF1I1
England, Wales and Scotland
Where the Secretary of State decides in pursuance of regulation 79 to revoke or vary an order the Transport and Works Act 1992, or a direction deeming planning permission to be granted, he shall serve notice on–
the person (if any) on whose application the order was made or, as the case may be, in whose favour the direction was made, and
any other person who in his opinion will be affected by the revocation or variation,
informing them of the decision and specifying a period of not less than 28 days within which any person on whom the notice is served may make representations to him.
The Secretary of State shall also serve notice on–
the local planning authority, and
the appropriate nature conservation body,
informing them of the decision and inviting their representations within the specified period.
The Secretary of State shall consider whether to proceed with the revocation or variation, and shall have regard to any representations made to him in accordance with paragraph (1) or (2).
If within the specified period a person on whom notice was served under paragraph (1), or the local planning authority, so requires, the Secretary of State shall before deciding whether to proceed with the revocation or variation of the order or direction give—
to them,
to any other person on whom notice under paragraph (1) and (2) was required to be served,
an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for the purpose.
Annotations
Textual amendments
- F1
Regulations revoked (E.W.) (1.4.2010 except so far as relating to the revocation in relation to W. of reg. 36 and specified words in reg. 3(3), 12.12.2014 in so far as not already in force) by The Conservation of Habitats and Species Regulations 2010 (S.I. 2010/490), regs. 1(2)(4)(b), 133(3) (with regs. 125, 134)
Commencement
- I1
Reg. 80 in force at 30.10.1994, see reg. 1(2)
Notes on Part IV
Modifications
- C1
Pt. 4 power to disapply or modify conferred (26.12.2023) by Energy Act 2023 (c. 52), ss. 293(4)(5), 334(3)(j) (with s. 293(6))