Section 40 Deadline for decisionsI1
England and Wales
The Transport and Works Act 1992 is amended as follows.
In section 13 (making or refusal of orders), after subsection (6) insert—
“(7)The Secretary of State may, for cases involving applications under section 6, make rules as to the period within which—
(a)a determination under subsection (1) must be made, or
(b)a step must be taken as required by subsection (4), section 13B or section 13C.
(8)Rules under subsection (7)—
(a)may provide for periods to be determined or changed by the Secretary of State or the Welsh Ministers in individual cases;
(b)may provide for the postponement of a requirement under the rules where a fee payable in connection with the application is not paid on time;
(c)may make different provision for different cases;
(d)if they apply in relation to Wales, may be made only with the agreement of the Welsh Ministers;
(e)must be made by statutory instrument;
and such an instrument is subject to annulment in pursuance of a resolution of either House of Parliament.”
In consequence of that amendment—
in section 13(6), for “to 13D” substitute “and 13C”;
omit section 13D (requirement to determine EIA application or proposal within reasonable time);
in section 14(3A)(a), for “to 13D” substitute “and 13C”.
Annotations
Commencement
- I1
S. 40(1)(2) in force at 18.2.2026, see s. 118(1)(w)