OpenLegislation

Paragraph 3 Service and display of notice of proposed orderI1

England and Wales Not yet in force

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

On or before the day they publish a notice under paragraph 2, the Welsh Ministers must serve on the persons mentioned in sub-paragraph (2) copies of—

(a)

the notice,

(b)

the draft order, and

(c)

any relevant map or plan.

(2)

The persons are—

(a)

every relevant local authority in whose area any highway or land to which the order relates is situated,

(b)

any relevant statutory undertaker that has cables, mains, sewers, pipes or wires laid along, across, under or over any highway that is to be stopped up or diverted, or any land over which a right of way is to be extinguished, by virtue of the order, and

(c)

in the case of an order under section 281 that includes provision under section 284 authorising the stopping up of a private means of access to any land, every owner and occupier of that land.

(3)

On or before the day they publish the notice, the Welsh Ministers must also cause a copy of the notice to be displayed in a prominent position at the ends of so much of any highway as is to be stopped up or diverted, or so much of any right of way as is to be extinguished, by virtue of the order.

(4)

In sub-paragraph (2)—

  • “owner” (“perchennog”) means—

    1. (a)

      a person, other than a mortgagee not in possession, who is for the time being entitled to dispose of the fee simple, whether in possession or in reversion;

    2. (b)

      a person holding or entitled to the rents and profits of the land under a lease whose term has more than 3 years left to run;

  • “relevant local authority” (“awdurdod lleol perthnasol”) means—

    1. (a)

      in relation to an area in Wales—

      1. (i)

        a county council or county borough council;

      2. (ii)

        a National Park authority;

      3. (iii)

        a joint planning board;

      4. (iv)

        a community council;

      5. (v)

        a police and crime commissioner;

    2. (b)

      in relation to an area in England—

      1. (i)

        a county council;

      2. (ii)

        a district council;

      3. (iii)

        a National Park authority;

      4. (iv)

        a joint planning board constituted under section 2 of the Town and Country Planning Act 1990 (c. 8);

      5. (v)

        a parish council or the parish meeting of a parish that does not have a separate council;

      6. (vi)

        a police and crime commissioner;

      7. (vii)

        a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004 (c. 21);

      8. (viii)

        an economic prosperity board or combined authority established under Part 6 of the Local Democracy, Economic Development and Construction Act 2009 (c. 20), or a combined county authority established under Chapter 1 of Part 2 of the Levelling-up and Regeneration Act 2023 (c. 55);

      9. (ix)

        a housing action trust established under Part 3 of the Housing Act 1988 (c. 50);

  • “relevant statutory undertaker” (“ymgymerwr statudol perthnasol”) means—

    1. (a)

      an electricity licensee that is entitled to exercise a power conferred by paragraph 1 of Schedule 4 to the Electricity Act 1989 (c. 29) (street works);

    2. (b)

      a gas transporter;

    3. (c)

      a statutory undertaker carrying on an undertaking for the supply of hydraulic power;

    4. (d)

      a water undertaker or sewerage undertaker;

    5. (e)

      Natural Resources Wales;

    6. (f)

      the Environment Agency.

Annotations

Commencement

I1

Sch. 17 para. 3 not in force at Royal Assent, see s. 409(2)