Deregulation Bill (HC Bill 191)

Deregulation BillPage 100

(13) At any time after the publication of a notice under this paragraph,
and before the expiration of the period specified in the notice for
the making of representations and objections, any person may
require the authority to inform the person what documents (if
5any) were taken into account in making the decision and—

(a) as respects any such documents in the possession of the
authority, to permit him to inspect them and take copies;
and

(b) as respects any such documents not in their possession, to
10give him any information the authority have as to where
the documents can be inspected;

and the authority must comply with a requirement under this sub-
paragraph within 14 days of the making of the requirement.

(14) Nothing in sub-paragraph (6)(d) or (13) is to be construed as
15limiting the grounds which may be relied on or the documentary
or other evidence which may be adduced at any local inquiry or
hearing held under paragraph 8(1)(a) or (c) or included in
representations made under paragraph 8(1)(b).

8 (1) Where a matter is submitted to the Secretary of State under
20paragraph 7(2), the Secretary of State must either—

(a) cause a local inquiry to be held;

(b) afford the applicant, and any person by whom a
representation or objection has been duly made and not
withdrawn, an opportunity to make representations (or
25further representations) to a person appointed by the
Secretary of State for that purpose; or

(c) afford the applicant, and any person by whom a
representation or objection has been duly made and not
withdrawn, an opportunity to be heard by a person
30appointed by the Secretary of State for that purpose.

(2) The Secretary of State may, but need not, act as mentioned in sub-
paragraph (1) if, in the opinion of the Secretary of State, nothing in
the grounds of appeal, and no representation or objection which
has been duly made and not withdrawn, relates to an issue which
35would be relevant to the Secretary of State’s decision on the
appeal.

(3) On considering the grounds of appeal, any representations or
objections duly made (and not withdrawn) and the report of any
person appointed to hold an inquiry or appointed as mentioned in
40sub-paragraph (1)(b) or (c), the Secretary of State may—

(a) uphold the authority’s decision;

(b) direct the authority to make an order in accordance with
the direction;

(c) make an order.

(4) 45Sub-paragraph (5) applies if—

(a) the Secretary of State proposes to direct an authority to
make an order or proposes to make an order; and

(b) an order made in accordance with the proposed direction
or (as the case may be) the order that the Secretary of State

Deregulation BillPage 101

is proposing to make would differ in a material respect
from the order sought by the applicant in the application.

(5) The Secretary of State must give such notice as appears to him or
her to be requisite of the proposal, specifying the time (which must
5not be less than 28 days from the date of first publication of the
notice) within which, and the manner in which, representations or
objections with respect to the proposal, which must include
particulars of the grounds relied on, may be made.

(6) If any representation or objection duly made under sub-paragraph
10(5) is not withdrawn, the Secretary of State must either—

(a) cause a local inquiry to be held;

(b) afford any person by whom a representation or objection
has been duly made and not withdrawn, an opportunity to
make representations (or further representations) to a
15person appointed by the Secretary of State for that
purpose; or

(c) afford any person by whom a representation or objection
has been duly made and not withdrawn, an opportunity to
be heard by a person appointed by the Secretary of State
20for that purpose.

(7) The Secretary of State must consider the report of any person
appointed to hold an inquiry or appointed as mentioned in sub-
paragraph (6)(b) or (c).

(8) The Secretary of State may, but need not, act as mentioned in sub-
25paragraph (6) if, in his or her opinion, no representation or
objection which has been duly made and not withdrawn relates to
an issue which would be relevant to the Secretary of State’s
decision on the appeal.

(9) For the purposes of sub-paragraph (4)(b), an order made in
30accordance with the proposed direction, or (as the case may be)
the order that the Secretary of State is proposing to make, would
differ in a material respect from the order sought by the applicant
in the application if—

(a) it would affect land not affected by the order sought by the
35applicant;

(b) it would not show any way shown in the order sought by
the applicant;

(c) it would show any way not so shown; or

(d) it would show as a highway of a particular description a
40way which is shown in the order sought by the applicant
as a highway of another description.

(10) Nothing in sub-paragraph (5) is be construed as limiting the
grounds which may be relied upon or the documentary or other
evidence which may be adduced at any local inquiry or hearing
45held under sub-paragraph (6)(a) or (c) or included in
representations made under sub-paragraph (6)(b).

Deregulation BillPage 102

Procedure where authority decide not to make an order: supplemental

9 (1) A decision of the Secretary of State under paragraph 8 must,
except in such classes of case as may for the time being be
prescribed or as may be specified in directions given by the
5Secretary of State, be made by a person appointed by the Secretary
of State for the purpose instead of by the Secretary of State; and a
decision made by a person so appointed is to be treated as a
decision of the Secretary of State.

(2) The Secretary of State may, if the Secretary of State thinks fit, direct
10that a decision which, by virtue of sub-paragraph (1) and apart
from this sub-paragraph, falls to be made by a person appointed
by the Secretary of State is instead to be made by the Secretary of
State; and a direction under this sub-paragraph must state the
reasons for which it is given and must be served on the person, if
15any, so appointed, the authority and any person by whom a
representation or objection has been duly made and not
withdrawn.

(3) Where the Secretary of State has appointed a person to make a
decision under paragraph 8 the Secretary of State may, at any time
20before the making of the decision, appoint another person to make
it instead of the person first appointed to make it.

(4)
Where by virtue of sub-paragraph (2) or (3) a particular decision
falls to be made by the Secretary of State or any other person
instead of the person first appointed to make it, anything done by
25or in relation to the latter is to be treated as having been done by
or in relation to the former.

(4)
Regulations under this paragraph may provide for the giving of
publicity to any directions given by the Secretary of State under
this paragraph.

10 (1) 30Subject to sub-paragraph (2), subsections (2) to (5) of section 250 of
the Local Government Act 1972 (giving of evidence at, and
defraying of costs of, inquiries) apply in relation to any hearing or
local inquiry held under paragraph 8 as they apply in relation to a
local inquiry which a Minister causes to be held under subsection
35(1) of that section.

(2) In its application to a hearing or inquiry held under paragraph 8
by a person appointed under paragraph 9, subsection (5) of that
section is to have effect as if the reference to the Minister causing
the inquiry to be held were a reference to the person so appointed
40or the Secretary of State.

(3) Section 322A of the Town and Country Planning Act 1990 (orders
as to costs where no hearing or inquiry takes place) applies in
relation to a hearing or local inquiry under paragraph 8 as it
applies in relation to a hearing or local inquiry for the purposes
45referred to in that section.

11 Any person may, on payment of such reasonable charge as the
authority may consider appropriate, require an authority to give
the person notice of all such orders as—

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(a) are made by the authority in accordance with a direction
under paragraph 8(3)(b) or by the Secretary of State under
paragraph 8(3)(c) during a period specified in the
requirement;

(b) 5are of a description so specified; and

(c) relate to land in an area so specified.

Transfer of applications

12 (1) Where an application is made to an authority, the applicant may
at any time before the application is determined give notice in the
10prescribed form to the authority that another person named in the
notice is to carry on the application.

(2) Where such a notice is given, the other person is (in relation to any
time after it is given) to be treated as the applicant for the purposes
of this Act.

15Interpretation

13 (1) In this Schedule—

  • “application” means an application under section 53(5);

  • “local authority” means a non-metropolitan district council, a
    parish council or the parish meeting of a parish not having
    20a separate parish council;

  • “prescribed” means prescribed by regulations made by the
    Secretary of State.

(2) Regulations under this Schedule are to be made by statutory
instrument and are subject to annulment in pursuance of a
25resolution of either House of Parliament.

Part 3 New Schedule 14A to the 1981 Act

7 After Schedule 14 to the Wildlife and Countryside Act 1981 insert the
following Schedule—

Schedule 14A 30Procedure in connection with certain orders under part 3: England

Part 1 Orders made in accordance with paragraph 8 of Schedule 13A

1 (1) Where an order is made by an authority in accordance with a
direction given under paragraph 8(3)(b) of Schedule 13A, or by the
35Secretary of State under paragraph 8(3)(c) of that Schedule, the
Secretary of State must confirm the order.

(2) The order takes effect when it is confirmed by the Secretary of
State.

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Part 2 Other orders
Application of Part 2

2 Part 2 of this Schedule applies to orders other than those which are
5made in accordance with a direction given under paragraph
8(3)(b) of Schedule 13A or by the Secretary of State under
paragraph 8(3)(c) of that Schedule.

Consultation

3 Before making an order, the authority must consult with every
10local authority whose area includes the land to which the order
relates.

Coming into operation

4 (1) A modification consent order does not take effect until confirmed
by the authority under paragraph 9.

(2) 15Any other order does not take effect until confirmed either by the
authority or the Secretary of State under paragraph 10 or by the
Secretary of State under paragraph 13.

Publicity for orders

5 (1) On making an order, the authority must give notice in the
20prescribed form—

(a) describing the general effect of the order and stating that it
has been made and requires confirmation;

(b) naming a place in the area in which the land to which the
order relates is situated where a copy of the order may be
25inspected free of charge, and copies may be obtained at a
reasonable charge, at all reasonable hours; and

(c) specifying the time (not being less than 42 days from the
date of the first publication of the notice) within which,
and the manner in which, representations or objections
30with respect to the order, which must include particulars
of the grounds relied on, may be made.

(2) Subject to sub-paragraph (4), the notice to be given under sub-
paragraph (1) must be given—

(a) by publication on a website maintained by the authority
35and on such other websites or through the use of such
other digital communications media as the authority may
consider appropriate;

(b) by serving a like notice on—

(i) every owner and occupier of any of that land;

(ii) 40every local authority whose area includes any of
that land;

(iii) every person on whom notice is required to be
served in pursuance of sub-paragraph (3); and

Deregulation BillPage 105

(iv) such other persons as may be prescribed in relation
to the area in which that land is situated or as the
authority may consider appropriate; and

(c) by causing a copy of the notice to be displayed in a
5prominent position—

(i) at the ends of so much of any way as is affected by
the order;

(ii) at council offices in the locality of the land to which
the order relates; and

(iii) 10at such other places as the authority may consider
appropriate.

(3) Any person may, on payment of such reasonable charge as the
authority may consider appropriate, require an authority to give
the person notice of all such orders as—

(a) 15are made by the authority during a period specified in the
requirement;

(b) are of a description so specified;

(c) and relate to land comprised in an area so specified.

(4) In the case of a modification consent order, the authority may
20decide that it is not necessary to comply with sub-paragraph
(2)(b)(i) and, in any other case, the Secretary of State may give a
direction that it is not necessary to comply with it.

(5) Sub-paragraph (2)(b) and (c) and, where applicable, sub-
paragraph (4) must be complied with not less than 42 days before
25the expiration of the time specified in the notice.

(6) A notice required to be served by sub-paragraph (2)(b) on the
owner or occupier of any land, or on a local authority, must be
accompanied by a copy of so much of the order as relates to that
land or, as the case may be, the area of that authority; and a notice
30required to be served by that sub-paragraph on such other persons
as may be prescribed or as the authority may consider appropriate
must be accompanied by a copy of the order.

(7) A notice required to be displayed by sub-paragraph (2)(c) at the
ends of so much of any way as is affected by the order must be
35accompanied by a plan showing the general effect of the order so
far as it relates to that way.

(8) At any time after the publication of a notice under this paragraph,
and before the expiration of the period specified in the notice for
the making of representations and objections, any person may
40require the authority to inform the person what documents (if
any) were taken into account in preparing the order; and

Deregulation BillPage 106

(a) as respects any such documents in the possession of the
authority, to permit the person to inspect them and take
copies; and

(b) as respects any such documents not in their possession, to
5give the person any information the authority have as to
where the documents can be inspected;

and the authority must comply with a requirement under this sub-
paragraph within 14 days of the making of the requirement.

(9) Nothing in sub-paragraph (1)(c) or (8) is to be construed as
10limiting the grounds which may be relied on or the documentary
or other evidence which may be adduced at any local inquiry or
hearing held under paragraph 13(1)(a) or (c) or 14(3)(a) or (c) or
included in representations made under paragraph 13(1)(b) or
14(3)(b).

15Irrelevant representations or objections

6 (1) If representations or objections have been duly made about an
order to an authority (and not withdrawn) but the authority
consider that none of them are relevant, the authority may
proceed under this Schedule as if no representations or objections
20had been duly made (and the following provisions of this
Schedule apply accordingly).

(2) For the purposes of this paragraph, a representation or objection is
relevant if, were the order to be submitted to the Secretary of State
under paragraph 11, it would be relevant in determining whether
25or not to confirm the order (either with or without modifications).

(3) In deciding whether to exercise their power under sub-paragraph
(1), an authority must have regard to any guidance given by the
Secretary of State.

(4) Where the authority decide to exercise that power, the authority
30must inform the applicant, and any person who made a
representation or objection (and has not withdrawn it), of their
decision and the reasons for it.

(5) Nothing in this paragraph applies to a modification consent order.

Severance of orders - representations etc relating to only some modifications

7 (1) 35Where at any time representations or objections duly made and
not withdrawn relate to some but not all of the modifications
made by an order, the authority may, by notice given to the
Secretary of State, elect that, for the purposes of the following
provisions of this Schedule, the order is to have effect as two
40separate orders—

(a) the one comprising the modifications to which the
representations or objections relate; and

(b) the other comprising the remaining modifications.

(2) Any reference in sub-paragraph (1) to an order includes a
45reference to any part of an order which, by virtue of one or more

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previous elections under that sub-paragraph, has effect as a
separate order.

(3) Nothing in this paragraph applies to a modification consent order.

Severance of orders - only some representations etc relevant

8 (1) 5If representations or objections have been duly made about an
order to an authority (and not withdrawn) but the authority
consider that not all of the representations or objections are
relevant, the authority may elect that the order is to have effect as
two separate orders—

(a) 10the one comprising the modifications to which the relevant
representations or objections relate;

(b) the other, comprising the remaining modifications, which
is to be treated as if no representations or objections had
been duly made;

15and the following provisions of this Schedule apply accordingly.

(2) For the purposes of this paragraph, a representation or objection is
relevant if, were the order to be submitted to the Secretary of State
under paragraph 11, it would be relevant in determining whether
or not to confirm the order (either with or without modifications).

(3) 20In deciding whether to exercise their power under sub-paragraph
(1), an authority must have regard to any guidance given by the
Secretary of State.

(4) Where the authority decide to exercise such a power, the authority
must inform the applicant, and any person who made a
25representation or objection (and has not withdrawn it), of their
decision and the reasons for it.

(5) Nothing in this paragraph applies to a modification consent order.

Confirmation - modification consent orders

9 (1) The authority may (whether or not any representations or
30objections are made) confirm a modification consent order—

(a) without modifications; or

(b) with modifications, if every owner of the land to which the
order relates so consents.

(2) Nothing in paragraphs 10 to 16 applies to a modification consent
35order.

Confirmation - unopposed orders (other than modification consent orders)

10 (1) If no representations or objections are duly made, or if any so
made are withdrawn, the authority may—

(a) confirm the order without modification; or

(b) 40if they require any modification to be made, submit the
order to the Secretary of State for confirmation by him or
her.

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(2) Where an order is submitted to the Secretary of State under sub-
paragraph (1), the Secretary of State may confirm the order with or
without modifications.

Confirmation - opposed orders (other than modification consent orders)

11 5If any representation or objection duly made to an order is not
withdrawn the authority must submit the order to the Secretary of
State for confirmation by him or her.

12 (1) Where an order is submitted by an authority to the Secretary of
State and the representations or objections relate to some but not
10all of the modifications made by the order, the Secretary of State
may, by notice given to the authority, elect that the order is to have
effect as two separate orders—

(a) the one comprising the modifications to which the
representations or objections relate (“the opposed order”);
15and

(b) the other comprising the remaining modifications.

(2) Where notice is given under sub-paragraph (1), paragraph 10 and
the following provisions of this Schedule apply as if only the
opposed order had been submitted to the Secretary of State for
20confirmation.

(3) Any reference in sub-paragraph (1) to an order includes a
reference to any part of an order which, by virtue of one or more
previous elections under that sub-paragraph, has effect as a
separate order.

13 (1) 25Where an order is submitted to the Secretary of State under
paragraph 11, the Secretary of State must, subject to sub-
paragraph (2), either—

(a) cause a local inquiry to be held;

(b) afford any person by whom a representation or objection
30has been duly made and not withdrawn an opportunity to
make representations (or further representations) to a
person appointed by the Secretary of State for the purpose;
or

(c) afford any person by whom a representation or objection
35has been duly made and not withdrawn an opportunity to
be heard by a person appointed by the Secretary of State
for the purpose.

(2) The Secretary of State may, but need not, act as mentioned in sub-
paragraph (1) if, in the Secretary of State’s opinion, no
40representation or objection which has been duly made and not
withdrawn relates to an issue which would be relevant in
determining whether or not to confirm the order, either with or
without modifications.

(3) On considering any representations or objections duly made and
45the report of any person appointed to hold an inquiry, or
appointed as mentioned in sub-paragraph (1)(b) or (c), the
Secretary of State may confirm the order with or without
modifications.

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Restriction on power to confirm orders with modifications

14 (1) The Secretary of State must not confirm an order with
modifications so as—

(a) to affect land not affected by the order;

(b) 5not to show any way shown in the order or to show any
way not so shown; or

(c) to show as a highway of one description a way which is
shown in the order as a highway of another description,

except after complying with the requirements of this paragraph.

(2) 10The Secretary of State must give such notice as appears to him or
her to be requisite of his or her proposal so to modify the order,
specifying the time (which must not be less than 28 days from the
date of the first publication of the notice) within which, and the
manner in which, representations or objections with respect to the
15proposal, which must include particulars of the grounds relied on,
may be made.

(3) If any representation or objection duly made under sub-paragraph
(1) is not withdrawn, the Secretary of State must either—

(a) cause a local inquiry to be held;

(b) 20afford any person by whom a representation or objection
has been duly made and not withdrawn, an opportunity to
make representations (or further representations) to a
person appointed by the Secretary of State for that
purpose; or

(c) 25afford any person by whom a representation or objection
has been duly made and not withdrawn, an opportunity to
be heard by a person appointed by the Secretary of State
for that purpose.

(4) The Secretary of State must consider the report of any person
30appointed to hold an inquiry or appointed as mentioned in sub-
paragraph (3)(b) or (c).

(5) The Secretary of State may, but need not, act as mentioned in sub-
paragraph (3) if, in his or her opinion, no representation or
objection which has been duly made and not withdrawn relates to
35an issue which would be relevant in determining whether or not
to confirm the order in accordance with his or her proposal.

(6) Sub-paragraph (2) is not be construed as limiting the grounds
which may be relied on at any local inquiry or hearing held under
sub-paragraph (3)(a) or (c) or included in representations made
40under sub-paragraph (3)(b).

Appointment of inspectors etc

15 (1) A decision of the Secretary of State under paragraph 10, 13 or 14
must, except in such classes of case as may for the time being be
prescribed or as may be specified in directions given by the
45Secretary of State, be made by a person appointed by the Secretary
of State for the purpose instead of by the Secretary of State; and a
decision made by a person so appointed is to be treated as a
decision of the Secretary of State.