Regulation 5 Procedure for orders

England and Wales

(1)

An order shall be made in duplicate.

(2)

Where an order is submitted to the Secretary of State for confirmation, the order and duplicate shall be sent to her accompanied by—

(a)

two copies of the order;

(b)

a copy of the notice given before submission as required by paragraph 1(1) of Schedule 6 to the Act;

(c)

any representations or objections duly made with respect to the order and not withdrawn, together with any observations on them by the council; and

(d)

a statement of the grounds on which the council consider that the order should be confirmed.

(3)

Any proceedings preliminary to the confirmation of a special extinguishment order may be taken concurrently with any proceedings preliminary to the confirmation of a public path creation order^f1, a public path diversion order^f2, a rail crossing diversion order^f3, or a special diversion order.

(4)

After a decision not to confirm an order, the council shall, as soon as the requirements of paragraph 4(3) of Schedule 6 to the Act have been complied with, so certify in writing to the Secretary of State.

(5)

After an order has been confirmed by the Secretary of State, the council shall, as soon as the requirements of paragraph 4(1) of Schedule 6 to the Act have been complied with, so certify in writing to the Secretary of State.

(6)

After an order has been confirmed, the council shall send a copy of the order as confirmed to the Ordnance Survey.

Annotations

Footnotes

f1: See section 26(1) of the Act.
f2: See section 119(1) of the Act.
f3: See section 119A(3) of the Act.