Paragraph 5 Interpretation of this ScheduleI1
England, Wales and Scotland
In this Schedule—
-
“the appeal parties” means the discharging authority, the consultee and the undertaker;
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“business day” means Monday to Friday excluding bank holidays;
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“consultee” means any body named in a provision of this Order relating to a specified consent which is the subject of an appeal as a body to be consulted by the discharging authority in determining that specified consent;
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“discharging authority” means the body responsible for determining whether a specified consent should be given or the local authority in the exercise of functions set out in sections 60 or 61 of the 1974 Act;
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“specified consent” means any—
- (a)
agreement, certificate, consent, permission, expression of satisfaction or other approval required by—
- (i)
a requirement listed in Schedule 3 (requirements) of this Order;
- (ii)
a document referred to in any requirement listed in Schedule 3 to this Order; and
- (iii)
article 41(3)(b) (felling or lopping of trees or shrubs); or
- (i)
- (b)
agreement, certificate, consent, permission, expression of satisfaction or other approval of the highway authority, street authority (where it is also the highway authority for the same area) or traffic authority required pursuant to articles—
- (i)
11 (street works) (including pursuant to sections 54 to 106 of the 1991 Act as applied by article 11(3));
- (ii)
12 (power to alter layout, etc. of streets);
- (iii)
13 (construction and maintenance of new, altered or diverted streets);
- (iv)
14 (temporary stopping up of streets and public rights of way);
- (v)
16 (traffic regulation); or
- (vi)
19 (authority to survey and investigate the land).
- (i)
- (a)
Annotations
Commencement
- I1
Sch. 12 para. 5 in force at 15.9.2016, see art. 1