Regulation 7 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 him accompanied by—

(a)

two further 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any representations or objections duly made with respect to the order and not withdrawn, together with any observations on them made by the council^f1; and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 an SSSI diversion order may be taken concurrently with any proceedings preliminary to the confirmation of a public path extinguishment order^f2, a rail crossing extinguishment order^f3 or a special extinguishment order^f4.

(4)

After being notified of 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, certify in writing to the Secretary of State that those requirements have been complied with.

(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, certify in writing to the Secretary of State that those requirements have been complied with.

(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 the definition of “council” in section 329(1) of the Act.
f2: See section 118(1) of the Act.
f3: See section 118A(2) and (3) of the Act, inserted by the Transport and Works Act 1992 (c. 42), Schedule 2, paragraph 3.
f4: See section 118B(4) and (5) of the Act, inserted by the Countryside and Rights of Way Act 2000, Schedule 6, paragraph 8.