OpenLegislation

Section 14 Publicity for making or refusal of orders.I1

England, Wales and Scotland

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

F1(1)

As soon as practicable after making a determination under section 13(1) above, the Secretary of State must—

(a)

give notice of the determination to the persons specified in subsection (1A), F2and

(b)

publish the notice on a government website.

(1A)

The specified persons are—

(a)

the person (if any) who applied for the order;

(b)

any person who made an objection which was referred to an inquiry or hearing in accordance with section 11(3);

(c)

if the determination is that an EIA order is to be made, to any authority the Secretary of State considers is likely to be concerned by the works or other projects authorised by the order because of their specific environmental responsibilities or local and regional competencies.

F3(2)

A notice under subsection F4(1) above shall give—

(a)

the reasons for the determination and the considerations upon which it is based;

(b)

information about the public participation process; and

(c)

information regarding the right to challenge the validity of the determination and the procedures for doing so.

F5(2A)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)

A notice under subsection (1) above of a determination to make an order shall give such particulars of the terms of the order as the Secretary of State considers appropriate, and in particular shall (except where the order is made by virtue of section 7 above) state the name and address of the person who applied for the order.

F6(3A)

Where a determination under section 13(1) above relates to an application or proposal F7for an EIA order, the F8notice under subsection (1) above shall state that, before the Secretary of State made the determination—

(a)

he F9complied with sections 13B to 13D, and

(b)

he complied with any obligations under section 10 above in respect of any objection made in accordance with rules under that section which relates to the environmental statement, and

(c)

he considered, or referred to an inquiry under section 11(1) above or a person appointed under section 11(2), any representation duly made to him (other than an objection) which relates to the environmental statement.

(F10F113AA)

If the determination is for the making of an EIA order, the notice under subsection (1) must include the information specified in subsection (3AB).

(3AB)

The specified information is—

(a)

in so far as they relate to the likely significant effects of the proposed works or other projects on the environment, a summary of —

(i)

the results of any consultation undertaken in accordance with rules made under section 6 (including in particular any comments made by, or the authorities in or public of, F12a Member State), and

(ii)

any objections made in accordance with rules made under section 10,

(b)

a summary of how those results and objections have been taken into account in making the determination,

(c)

the reasoned conclusion,

(d)

a description of any features of the works or other projects, or measures, to avoid, prevent or reduce and, if possible, offset any likely significant adverse effects of the works or other projects on the environment, and

(e)

a statement of any monitoring measures, requirements to take remedial action or other conditions relating to the likely significant effects of the proposed works or other projects on the environment that are imposed.

F13(3B)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3C)

The Secretary of State shall send a copy of any notice to which subsection (3A) above applies to any person who made—

(a)

an objection to which paragraph (b) of that subsection refers, which was not referred to an inquiry or hearing in accordance with section 11(3) above, or

(b)

a representation to which subsection (3A) (c) above refers.

F14(3D)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F15(4)

Where the Secretary of State makes a determination under section 13(1) above, the appropriate person shall publish F16a copy of the notice under subsection (1) in a local newspaper circulating in the area, or in each of the areas, in which the relevant proposals are or were intended to have effect F17....

(4A)

In subsection (4)—

(a)

in relation to an application for an order under section 1 or 3 above—

(i)

“appropriate person” means the person who applied for the order;

(ii)

“relevant proposals” means the proposals contained in the application;

(b)

in relation to a proposal to make an order by virtue of section 7 above—

(i)

“appropriate person” means the Secretary of State;

(ii)

“relevant proposals” means the proposals contained in the draft order prepared by the Secretary of State pursuant to section 7.

(5)

As soon as practicable after the making of an order under section 1 or 3 above, the person who applied for the order (or, where the order is made by virtue of section 7 above, the Secretary of State) shall—

(a)

deposit in the office of the Clerk of the Parliaments a copy of the order, and of any plan or book of reference prepared in connection with the application (or proposed order), and

(b)

deposit with each of the councils mentioned in subsection (7) below in whose area works authorised by the order are to be carried out a copy of each of those documents, or of so much of them as is relevant to those works.

(6)

Where a plan or book of reference is revised before the order is made, the reference in subsection (5)(a) above is to the latest version.

(7)

The councils referred to in subsection (5) above are district councils, London borough councils and the Common Council of the City of London F18but are, in relation to Wales, county councils and county borough councils.

(8)

A council with which documents are deposited in accordance with subsection (5) above shall make them available for inspection free of charge at all reasonable hours.

Annotations

Textual amendments

F1

S. 14(1)(1A) substituted for s. 14(1) (5.12.2017) by The Environmental Impact Assessment (Miscellaneous Amendments Relating to Harbours, Highways and Transport) Regulations 2017 (S.I. 2017/1070), reg. 1(1), Sch. 3 para. 5(2) (with Sch. 6 paras. 9, 12) (which amendment is extended to S. (18.12.2025) by Planning and Infrastructure Act 2025 (c. 34), ss. 46(a), 118(1)(z1) (with s. 116))

F2

S. 14(1)(b) and word substituted for s. 14(1)(b)(c) (18.2.2026) by Planning and Infrastructure Act 2025 (c. 34), ss. 41(2)(a), 118(1)(x) (with ss. 41(5), 116)

F3

S. 14(2)(2A) substituted for s. 14(2) (20.4.2006) by The Transport and Works (Assessment of Environmental Effects) Regulations 2006 (S.I. 2006/958), regs. 1(1), 2(4)

F4

Word in s. 14(2) substituted (18.2.2026) by Planning and Infrastructure Act 2025 (c. 34), ss. 41(2)(b), 118(1)(x) (with ss. 41(5), 116)

F5

S. 14(2A) omitted (18.2.2026) by virtue of Planning and Infrastructure Act 2025 (c. 34), ss. 41(2)(c), 118(1)(x) (with ss. 41(5), 116)

F6

S. 14(3A-3D) inserted (1.8.1995) by S.I. 1995/1541, art. 2

F7

Words in s. 14(3A) substituted (5.12.2017) by The Environmental Impact Assessment (Miscellaneous Amendments Relating to Harbours, Highways and Transport) Regulations 2017 (S.I. 2017/1070), reg. 1(1), Sch. 3 para. 5(3)(a) (with Sch. 6 paras. 9, 12) (which amendment is extended to S. (18.12.2025) by Planning and Infrastructure Act 2025 (c. 34), ss. 46(a), 118(1)(z1) (with s. 116))

F8

Word in s. 14(3A) substituted (18.2.2026) by Planning and Infrastructure Act 2025 (c. 34), ss. 41(2)(d), 118(1)(x) (with ss. 41(5), 116)

F9

Words in s. 14(3A)(a) substituted (5.12.2017) by The Environmental Impact Assessment (Miscellaneous Amendments Relating to Harbours, Highways and Transport) Regulations 2017 (S.I. 2017/1070), reg. 1(1), Sch. 3 para. 5(3)(b) (with Sch. 6 paras. 9, 12) (which amendment is extended to S. (18.12.2025) by Planning and Infrastructure Act 2025 (c. 34), ss. 46(a), 118(1)(z1) (with s. 116))

F10

S. 14(3AA)(3AB) substituted for s. 14(3AA) (5.12.2017) by The Environmental Impact Assessment (Miscellaneous Amendments Relating to Harbours, Highways and Transport) Regulations 2017 (S.I. 2017/1070), reg. 1(1), Sch. 3 para. 5(4) (with Sch. 6 paras. 9, 12) (which amendment is extended to S. (18.12.2025) by Planning and Infrastructure Act 2025 (c. 34), ss. 46(a), 118(1)(z1) (with s. 116))

F11

S. 14(3AA) substituted (18.2.2026) by Planning and Infrastructure Act 2025 (c. 34), ss. 41(2)(e), 118(1)(x) (with ss. 41(5), 116)

F12

Word in s. 14(3AB)(a)(i) substituted (31.12.2020) by The Merchant Shipping and Other Transport (Environmental Protection) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/311), regs. 1(3), 4(4); 2020 c. 1, Sch. 5 para. 1(1) (which amendment is extended to S. (18.12.2025) by Planning and Infrastructure Act 2025 (c. 34), ss. 46(b), 118(1)(z1) (with s. 116))

F13

S. 14(3B) omitted (5.12.2017) by virtue of The Environmental Impact Assessment (Miscellaneous Amendments Relating to Harbours, Highways and Transport) Regulations 2017 (S.I. 2017/1070), reg. 1(1), Sch. 3 para. 5(5) (with Sch. 6 paras. 9, 12) (which amendment is extended to S. (18.12.2025) by Planning and Infrastructure Act 2025 (c. 34), ss. 46(a), 118(1)(z1) (with s. 116))

F14

S. 14(3D) omitted (5.12.2017) by virtue of The Environmental Impact Assessment (Miscellaneous Amendments Relating to Harbours, Highways and Transport) Regulations 2017 (S.I. 2017/1070), reg. 1(1), Sch. 3 para. 5(6) (with Sch. 6 paras. 9, 12) (which amendment is extended to S. (18.12.2025) by Planning and Infrastructure Act 2025 (c. 34), ss. 46(a), 118(1)(z1) (with s. 116))

F15

S. 14(4)(4A) substituted for s. 14(4) (20.4.2006) by The Transport and Works (Assessment of Environmental Effects) Regulations 2006 (S.I. 2006/958), regs. 1(1), 2(5)

F16

Words in s. 14(4) substituted (18.2.2026) by Planning and Infrastructure Act 2025 (c. 34), ss. 41(2)(f)(i), 118(1)(x) (with ss. 41(5), 116)

F17

Words in s. 14(4) omitted (18.2.2026) by virtue of Planning and Infrastructure Act 2025 (c. 34), ss. 41(2)(f)(ii), 118(1)(x) (with ss. 41(5), 116)

F18

Words in s. 14(7) inserted (1.4.1996) by 1994 c. 19, s. 22(1), Sch. 7 Pt. I, para. 34(2); S.I. 1996/396, art. 3, Sch. 1

Commencement

I1

Pt. 1 (ss. 1-25) wholly in force at 1. 1. 1993 see s. 70 and S.I. 1992/2784, art. 2, Sch. 1.

Notes on Part I

Commencement

I1

Pt. I (ss. 1-25) wholly in force at 1.1.1993 see s. 70 and S.I. 1992/2784, art. 2, Sch. 1