Paragraph 15 Special provision about orders under section 293 affecting statutory undertakersI1
England and Wales Not yet in force
An order under section 293 is subject to special Senedd procedure if—
a statutory undertaker objects to the order in accordance with the notice published under paragraph 10, or objects to a modification in accordance with a notice published under paragraph 13, and the objection is not withdrawn, and
the undertaker makes the objection on the ground that the order provides (or as modified would provide) for the creation of a public right of way over land covered by works used for the purposes of its undertaking or over the curtilage of such land.
The Welsh Ministers may not confirm an order under section 293 that extinguishes a right of way over land on which there is any apparatus belonging to or used by a statutory undertaker for the purposes of its undertaking, unless the undertaker has consented to the confirmation of the order.
Consent must not be unreasonably withheld.
Consent may be given subject to the condition that the order must include provisions that the undertaker reasonably requires for its protection.
If a question arises under this paragraph about whether the withholding of consent is unreasonable, or whether any requirement of a statutory undertaker is reasonable, the question is to be determined by the appropriate Minister.
Annotations
Commencement
- I1
Sch. 17 para. 15 not in force at Royal Assent, see s. 409(2)