Section 38 Duty to hold inquiry or hearingI1

Section 11 of the Transport and Works Act 1992 (inquiries and hearings) is amended as follows.

In subsection (3) (duty to hold inquiry or hearing on request from objector), for the words from “an objection” to “applies,” substitute

“—

(a)

an objection is made by a person within subsection (4),

(b)

the person informs the Secretary of State in writing that the person wishes the objection to be referred to an inquiry or dealt with in accordance with subsection (2), and

(c)

the Secretary of State considers that the objection is serious enough to merit such treatment,”.

After subsection (3) insert—

“(3A)

In a case in which the powers in subsections (1) and (2) are exercisable by the Welsh Ministers, subsection (3) is to be read as referring to the Welsh Ministers instead of the Secretary of State.”

The amendments made by this section do not apply in relation to an application in respect of which rule 5(1) of the Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2006 (S.I. 2006/1466) has been complied with before this section comes into force.