Regulation 6 Transitional provision: orders and schemesI1

England and Wales

(1)

This regulation applies where—

(a)

the Secretary of State has prepared a draft of a relevant instrument for the purpose of the enactment in question but, at the time of the appointment, has not made the instrument; and

(b)

the instrument relates to, or makes provision in connection with, a transferred highway.

(2)

The Secretary of State may make the instrument notwithstanding that the Secretary of State is not (or will not be) the highway authority for the highway.

(3)

Accordingly, the procedures that apply in relation to, or in connection with, the making of the instrument (including any applicable rules regulating the procedure to be followed at a local inquiry) are those that apply in relation to, or in connection with, the making of that instrument by the Secretary of State.

(4)

Where the instrument is an order under section 106(1) of the 1980 Act, the instrument once made is deemed to be a scheme made by the company and confirmed by the Secretary of State under section 106(3) of the 1980 Act.

(5)

In all other cases the instrument, once made, is deemed to have been made by the company and confirmed by the Secretary of State.

(6)

The instrument has effect, so far as necessary for the purposes of paragraph (4) or (5), as if references to the Secretary of State (and references which are to be read as references to the Secretary of State) were references to the company.

(7)

In this regulation—

“relevant instrument” means an order or scheme made under any of the following enactments—
1. (a)
  
  sections 14^f1, 16^f2, 18^f3, 106^f4 or 108^f5 of the 1980 Act,
2. (b)
  
  Schedule 1 to the Acquisition of Land Act 1981^f6,
3. (c)
  
  the Stopping up of Accesses to Premises (Procedure) Regulations 1971^f7; and
“transferred highway” means a highway for which the company is the highway authority (or a proposed highway for which the company will be the highway authority), whether as a result of the appointment or otherwise.

Annotations

Commencement

I1: Reg. 6 in force at 1.4.2015, see reg. 1(2)

Footnotes

f1: Section 14 was amended by the Planning Act 2008 (c.29), section 36 and paragraphs 21 and 23 of Schedule 2, and the Water Act 1989 (c.15), section 190 and Part 1 of Schedule 27.
f2: Section 16 was amended by the Planning Act 2008, section 36 and paragraphs 21 and 24 of Schedule 2.
f3: Section 18 was amended by the Planning Act 2008, section 36 and paragraphs 21 and 25 of Schedule 2, the Water Act 1989, section 190 and Part 1 of Schedule 27, and the Local Government Act 1985 (c.51), section 102 and Schedule 17.
f4: Section 106 was amended by the Planning Act 2008, section 36 and paragraphs 21 and 26 of Schedule 2.
f5: Section 108 was amended by the Planning Act 2008, section 36 and paragraphs 21 and 27 of Schedule 2.
f6: 1981 c. 67. Schedule 1 was amended by section 101 of the Planning and Compulsory Purchase Act 2004 (c.5).
f7: S.I. 1971/1707. Following consolidation of the original enabling power (section 2 of the Highways Act 1971 (c.41)), these Regulations have effect as if made under section 124 of the Highways Act 1980.