Section 128G Making statutory trust discharge ordersF1

(1)

In deciding whether to make a statutory trust discharge order, the Secretary of State must take into account all matters that are relevant, including these matters—

(a)

whether, and how, the person making the application has had regard to the guidance issued by the Secretary of State under section 128B(1) and section 128E(9);

(b)

any representations about whether or not the order should be made that are notified to the Secretary of State (including any representations made by persons who are freehold owners, or tenants, of land comprised in the previous appropriation or disposal but who are not applying for the order).

(2)

A statutory trust discharge order may relate to only some of the relevant land specified in the application.

(3)

A statutory trust discharge order takes effect—

(a)

on the day after the day on which the order is made, or

(b)

if the order specifies a later day on which it is to take effect, on that day.

(4)

In relation to each application for a statutory trust discharge order, the Secretary of State—

(a)

must publish notice of the decision whether or not to make the order, and

(b)

if the order is made, must publish the order.

(5)

That notice, or the order, is to be published in the manner which the Secretary of State considers appropriate.

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)