Deregulation Bill (HC Bill 5)

(6) An order under this paragraph does not take effect—

(a) until the end of the period of 21 days beginning with the
day after the day on which the order was made, or

(b) if an appeal is brought in respect of the order within that
5period (whether by way of appeal to the Crown Court or
by way of case stated for the opinion of the High Court),
until the final determination or withdrawal of the appeal.

Determination by authority

4 (1) As soon as reasonably practicable after serving a notice under
10paragraph 2(4)(b), the authority must—

(a) investigate the matters stated in the application; and

(b) after consulting with every local authority whose area
includes the land to which the application relates, decide
whether to make or not to make the order to which the
15application relates.

(2) The duty in sub-paragraph (1) does not apply in a case to which
section 54B (modifications by consent) applies (see section 54B(1)).

(3) But if, in such a case, an event mentioned below occurs, the
authority must take the steps mentioned in sub-paragraph (1)(a)
20and (b) as soon as reasonably practicable after the occurrence of
that event.

The events are—

(a) that the authority ascertain that an owner does not consent
to the making of an order under section 53(2) (whether
25with or without the making of a special order mentioned in
section 54B(2)(a) to (c));

(b) that the authority decide for any other reason not to make
a modification consent order;

(c) that the period of 12 months beginning with the date on
30which notice was served under paragraph 2(4)(b) expires
without the authority having determined whether to make
such an order;

(d) that the authority make such an order but decide not to
confirm it.

(4) 35As soon as practicable after determining an application, the
authority must give notice of their decision by serving a copy of it
on the applicant and any person on whom notice of the
application was required to be served under paragraph 2(4)(b).

Failure by authority to determine application

5 (1) 40If an authority have not discharged their duty under paragraph 4
within the period of 12 months beginning with the day on which
they received the application, the applicant or any owner or
occupier of any land to which the application relates may give
notice to the authority in the prescribed form of an intention to
45apply to a magistrates’ court for an order under sub-paragraph
(4).

(2) A person who has given notice under sub-paragraph (1) may
apply to a magistrates’ court for an order under sub-paragraph (4)
at any time—

(a) after the end of the period of 1 month beginning with the
5day on which notice was given; and

(b) before the end of the period of 12 months beginning with
that day.

(3) On the hearing of an application under sub-paragraph (2) the
other persons by whom a notice under sub-paragraph (1) could
10have been given have a right to be heard.

(4) On hearing an application under sub-paragraph (2), a magistrates’
court may order the authority to take specified steps for the
purposes of discharging their duty under paragraph 4 and to do
so within such reasonable period as may be specified.

(5) 15The authority may make one application to a magistrates’ court
for an order extending by up to 12 months the period specified in
the order under sub-paragraph (4).

(6) On the hearing of an application under sub-paragraph (5) in
relation to an order under sub-paragraph (4), the person who
20applied for that order and the other persons by whom a notice
under sub-paragraph (1) could have been given have a right to be
heard.

(7) A decision of a magistrates’ court under this paragraph may be
appealed to the Crown Court by—

(a) 25the authority;

(b) the applicant for an order under sub-paragraph (4);

(c) any other person by whom a notice under sub-paragraph
(1) could have been given.

(8) An order under this paragraph does not take effect—

(a) 30until the end of the period of 21 days beginning with the
day after the day on which the order was made; or

(b) if an appeal is brought in respect of the order within that
period (whether by way of appeal to the Crown Court or
by way of case stated for the opinion of the High Court),
35until the final determination or withdrawal of the appeal.

Failure by authority to determine application: further provision about notices

6 (1) An applicant for an order under sub-paragraph (4) of paragraph 5
must give notice to the court of the names and addresses of any
other person by whom a notice under sub-paragraph (1) of that
40paragraph could have been given.

(2) If it is not reasonably practicable for an applicant to ascertain such
a name and address, the applicant is be taken to have complied
with sub-paragraph (1) if the applicant gives notice to the court
that that is the case.

(3) 45Notice of the hearing, of the right to be heard and of the right to
appeal against a decision on an application under paragraph 5(2)

must be given by the court to each person whose name and
address is notified to the court under sub-paragraph (1).

(4) Notice of the hearing, of the right to be heard and of the right to
appeal against a decision on an application under paragraph 5(5)
5must be given by the court to—

(a) the person who applied for the order under paragraph 5(4)
to which the application relates; and

(b) each person whose name and address was notified to the
court under sub-paragraph (1) by the person mentioned in
10paragraph (a).

(5) Where the court is given notice under sub-paragraph (2), notice of
the hearing, of the right to be heard and of the right to appeal
against a decision on an application under paragraph 5(2) or (5)
must also be given by the court by affixing it to some conspicuous
15object or objects on the land to which the application relates.

Procedure where authority decide not to make order: general

7 (1) Where an authority decide under paragraph 4 not to make an
order, the applicant may, at any time within 28 days after service
of notice of the decision, give notice to the authority in the
20prescribed form of the applicant’s wish to appeal against the
decision to the Secretary of State and of the grounds on which the
applicant wishes to do so.

(2) If the applicant gives such notice and does not withdraw it—

(a) the authority must submit the matter to the Secretary of
25State; and

(b) the Secretary of State must deal with the matter as an
appeal against the decision of the authority.

(3) The authority may, but need not, act as mentioned in sub-
paragraph (2) if the authority are of the opinion that nothing in the
30grounds of appeal relates to an issue which, if the matter were
submitted to the Secretary of State, would be relevant to the
Secretary of State’s decision on the appeal.

(4) In deciding whether to exercise their power under sub-paragraph
(3) not to submit the matter, the authority must have regard to any
35guidance given by the Secretary of State.

(5) Where the authority decide not to submit the matter, the authority
must inform the applicant of their decision and the reasons for it.

(6) Where the matter is submitted to the Secretary of State, the
authority must give notice in the prescribed form—

(a) 40setting out the authority’s decision;

(b) stating that the matter has been submitted to the Secretary
of State;

(c) naming a place in the area in which the land to which the
decision relates is situated where a copy of the decision
45may be inspected free of charge, and copies of it may be
obtained at a reasonable charge, at all reasonable hours;
and

(d) 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
with respect to the decision, which must include
5particulars of the grounds relied on, may be made to the
Secretary of State.

(7) Subject to sub-paragraph (9), the notice to be given under sub-
paragraph (6) must be given—

(a) by publication on a website maintained by the authority
10and 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 the land to
15which the decision relates;

(ii) every 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 (8); and

(iv) 20such 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
prominent position—

(i) 25at the ends of so much of any way as is affected by
the decision;

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

(iii) at such other places as the authority may consider
30appropriate.

(8) 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 decisions under paragraph 4 not to
make an order as—

(a) 35are made by the authority during a period specified in the
requirement;

(b) are of a description so specified; and

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

(9) The Secretary of State may, in any particular case, direct that it is
40not necessary to comply with sub-paragraph (7)(b)(i); but if such a
direction is given in the case of any land, then in addition to
publication the notice must be addressed to “The owners and any
occupiers” of the land (describing it) and a copy or copies of the
notice must be affixed to some conspicuous object or objects on the
45land.

(10) Sub-paragraph (7)(b) and (c) and, where applicable, sub-
paragraph (9) must be complied with not less than 42 days before
the expiration of the time specified in the notice.

(11) A notice required to be served by sub-paragraph (7)(b) on the
50owner or occupier of any land, or on a local authority, must be

accompanied by a copy of so much of the decision as relates to that
land or, as the case may be, the area of that authority; and a notice
required to be served by that sub-paragraph on such other persons
as may be prescribed or as the authority may consider appropriate
5must be accompanied by a copy of the decision.

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

(13) 10At 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
any) were taken into account in making the decision and—

(a) 15as 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
give him any information the authority have as to where
20the 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
limiting the grounds which may be relied on or the documentary
25or 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
paragraph 7(2), the Secretary of State must either—

(a) 30cause 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
further representations) to a person appointed by the
35Secretary 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
appointed by the Secretary of State for that purpose.

(2) 40The 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
would be relevant to the Secretary of State’s decision on the
45appeal.

(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
sub-paragraph (1)(b) or (c), the Secretary of State may—

(a) 50uphold the authority’s decision;

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

(c) make an order.

(4) Sub-paragraph (5) applies if—

(a) 5the 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
is proposing to make would differ in a material respect
10from 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
not be less than 28 days from the date of first publication of the
notice) within which, and the manner in which, representations or
15objections 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
(5) 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.

(7) The Secretary of State must consider the report of any person
30appointed 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-
paragraph (6) 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 to the Secretary of State’s
decision on the appeal.

(9) For the purposes of sub-paragraph (4)(b), an order made in
accordance with the proposed direction, or (as the case may be)
the order that the Secretary of State is proposing to make, would
40differ 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
applicant;

(b) it would not show any way shown in the order sought by
45the applicant;

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

(d) it would show as a highway of a particular description a
way 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
held under sub-paragraph (6)(a) or (c) or included in
5representations made under sub-paragraph (6)(b).

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
10Secretary 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
15that 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
20any, 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
25before 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
30or 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) 35Subject 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
40(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
45or 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
referred 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
5the person notice of all such orders as—

(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) 10are 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
15prescribed 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.

20Interpretation

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
  25a 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
30resolution 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 35Procedure 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

Secretary 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.

5Part 2 Other orders

Application of Part 2

2 Part 2 of this Schedule applies to orders other than those which are
made in accordance with a direction given under paragraph
108(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
local authority whose area includes the land to which the order
15relates.

Coming into operation

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

(2) Any other order does not take effect until confirmed either by the
20authority 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
prescribed form—

(a) 25describing 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
inspected free of charge, and copies may be obtained at a
30reasonable 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
with respect to the order, which must include particulars
35of 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
and on such other websites or through the use of such
40other 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) every local authority whose area includes any of
that land;

(iii) every person on whom notice is required to be
5served in pursuance of sub-paragraph (3); and

(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
10prominent 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) 15at 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) 20are 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
25decide 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
30the 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
35required 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
40accompanied 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