Section 36 Replacement of model clauses with guidanceI1I2

In the Transport and Works Act 1992, for section 8 (model clauses) substitute—

Guidance on draft orders

8

(1)

The Secretary of State may publish guidance about the preparation of draft orders, for cases in which rules under section 6 require the submission of such drafts to the Secretary of State.

(2)

The Welsh Ministers may publish guidance about the preparation of draft orders, for cases in which rules under section 6 require the submission of such drafts to the Welsh Ministers.

(3)

The guidance may set out model provisions considered suitable for inclusion in the drafts (whether generally or in certain cases).

(4)

In arriving at a determination under section 13 in a case to which guidance under this section applies, the Secretary of State or (as the case may be) the Welsh Ministers must have regard to—

(a)

any departure from the guidance, and

(b)

any reasons given by the applicant for that departure.