Section 128E The new publicity requirementsF1

(1)

This section sets out the “new publicity requirements” (referred to in qualifying condition E in section 128D(9)).

(2)

The applicant must publish a notice of the application in four consecutive weeks—

(a)

in a local newspaper, and, if there are two or more local newspapers, it must be the main local newspaper;

(b)

if there is no local newspaper, either—

(i)

in a national newspaper, or

(ii)

on a website with a readership in the local area that is comparable to the readership of a local newspaper.

(3)

If—

(a)

a newspaper is published in print and on a website, and

(b)

it is possible to publish notices of the kind required by subsection (2) in both versions,

a requirement under subsection (2) to publish a notice in the newspaper can only be complied with by publication of the notice in both versions.

(4)

If the applicant is a principal council, a parish council or parish trustees, they must also publish a notice of the application for a period of 28 days on their website (if they have one).

(5)

The applicant must display a notice of the application for a period of 28 days at the point of entry, or at the main points of entry, to the relevant land.

(6)

The Secretary of State must publish a notice of the application for a period of 28 days on the website, or main website, containing information about the Secretary of State’s department.

(7)

A notice under this section must identify the relevant land.

(8)

A notice under this section must—

(a)

state that a person who wishes to make representations about whether or not the order should be made may notify the Secretary of State of the representations, and

(b)

state the manner in which, and date by which, representations must be notified;

and that date must be later than the last day of the period of 56 days beginning with the day when that notice is first published or displayed.

(9)

When publishing or displaying a notice under this section, the applicant must have regard to any guidance issued by the Secretary of State (whether relating to its publication or display or its form or content).

(10)

In this section—

“local area” means area in which the relevant land is situated;
“local newspaper” means a newspaper circulating in the local area.

Annotations

Textual amendments

F1: Ss. 128A-128H and cross-heading inserted (29.4.2026 for specified purposes) by English Devolution and Community Empowerment Act 2026 (c. 23), ss. 69(2), 108(1)(6)

Notes on Part VII

Modifications

C1: Pt. VII (ss. 111–146) extended by Water Act 1989 (c. 15, SIF 130), s. 164(2), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58
C2: Pt. VII (ss. 111-146) extended by Water Industry Act 1991 (c. 56, SIF 130), ss. 83(2), 219(3)