Housing and Regeneration Bill

House of Commons

Session 2007 - 08
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Other Bills before Parliament

Housing and Regeneration Bill

Housing and Regeneration Bill
Schedule 4 — Powers in relation to, and for, statutory undertakers
Part 3 — Extension or modification of functions of undertakers
158

Notification of proposal to make order
19    (1)
Statutory undertakers must, as soon as possible after making
representations of the kind mentioned in paragraph 16(2), publish a notice—
(a)
giving such particulars as the Secretary of State and the appropriate
Minister may direct of the matters to which the representations
5
relate,
(b)
specifying the time within which objections to the making of an
order as a result of the representations may be made, and
(c)
specifying the manner in which objections to the making of such an
order may be made.
10
      (2)
The notice must be published in such form and manner as the Secretary of
State and the appropriate Minister may direct.
      (3)
The statutory undertakers must also serve a copy of the notice on such
persons, or descriptions of persons, as the Secretary of State and the
appropriate Minister may direct if the Secretary of State and the appropriate
15
Minister direct that a copy is to be served.
20    (1)
The HCA must, as soon as possible after making representations of the kind
mentioned in paragraph 17(2), publish a notice—
(a)
giving such particulars as the Secretary of State and the appropriate
Minister may direct of the matters to which the representations
20
relate,
(b)
specifying the time within which objections to the making of an
order as a result of the representations may be made, and
(c)
specifying the manner in which objections to the making of such an
order may be made.
25
      (2)
The notice must be published in such form and manner as the Secretary of
State and the appropriate Minister may direct.
      (3)
The HCA must also serve a copy of the notice on such persons, or
descriptions of persons, as the Secretary of State and the appropriate
Minister may direct if the Secretary of State and the appropriate Minister
30
direct that a copy is to be served.
Duty to consider objections
21    (1)
The Secretary of State and the appropriate Minister must proceed under
paragraph 22 if—
(a)
an objection to the making of an order under paragraph 16 or 17 is
35
properly made and not withdrawn, and
(b)
the matter is not otherwise dealt with.
      (2)
For the purposes of sub-paragraph (1) an objection is properly made if (and
only if)—
(a)
it is made—
40
(i)
within the time, and
(ii)
in the manner,

stated in the notice under paragraph 19(1) or (as the case may be)
20(1), and
(b)
a written statement of the grounds of the objection is comprised in,
45
or submitted with, the objection.

Housing and Regeneration Bill
Schedule 4 — Powers in relation to, and for, statutory undertakers
Part 3 — Extension or modification of functions of undertakers
159

      (3)
For the purposes of sub-paragraph (1) the matter is otherwise dealt with if
(and only if) the Secretary of State and the appropriate Minister—
(a)
decide, irrespective of the objection, not to make the order, or
(b)
decide to make a modification which is agreed to by the objector as
meeting the objection.
5
22    (1)
The Secretary of State and the appropriate Minister must, before making a
final decision, consider the grounds of the objection as set out in the
statement comprised in, or submitted with, the objection.
      (2)
The Secretary of State and the appropriate Minister may require the objector
to submit within a specified period a further written statement as to any of
10
the matters to which the objection relates.
Duty to give opportunity to appear
23    (1)
The Secretary of State and the appropriate Minister must, before making a
final decision, give the objector an opportunity to appear before, and be
heard by, a person appointed for the purpose by the Secretary of State and
15
the appropriate Minister.
      (2)
The Secretary of State and the appropriate Minister must give an
opportunity of appearing and being heard on the same occasion to—
(a)
the statutory undertakers or (as the case may be) the HCA as a result
of whose representations the order is proposed to be made, and
20
(b)
any other persons whom the Secretary of State and the appropriate
Minister consider ought to be given the opportunity,

if the objector takes advantage of the opportunity mentioned in sub-
paragraph (1).
      (3)
Sub-paragraphs (1) and (2) do not apply so far as the Secretary of State and
25
the appropriate Minister have the power to proceed under paragraph 24 or
25.
Power to treat objection as irrelevant
24
The Secretary of State and the appropriate Minister may treat the objection
as irrelevant for the purpose of making a final decision—
30
(a)
if the Secretary of State and the appropriate Minister have
considered the grounds of the objection as set out in the original
statement and in any further statement, and
(b)
so far as the Secretary of State and the appropriate Minister are
satisfied that the objection relates to a matter which can be dealt with
35
in the assessment of compensation.
Power to curtail decision-making process
25
The Secretary of State and the appropriate Minister may make a final
decision without further investigation as to the matters to which the
objection relates if—
40
(a)
the Secretary of State and the appropriate Minister—
(i)
have considered the grounds of the objection as set out in the
original statement and in any further statement, and

Housing and Regeneration Bill
Schedule 4 — Powers in relation to, and for, statutory undertakers
Part 4 — Relieving undertakers of obligations
160

(ii)
are satisfied that, for the purpose of making a final decision,
sufficient information is available as to the matters to which
the objection relates, or
(b)
a further statement has been required under paragraph 22(2) but is
not submitted within the specified period.
5
Power to hold public local inquiry
26    (1)
The Secretary of State and the appropriate Minister must cause a public local
inquiry to be held in relation to an objection under this Part of this Schedule
if the Secretary of State and the appropriate Minister consider that the
matters to which the objection relates are such as to require investigation by
10
such an inquiry before the Secretary of State and the appropriate Minister
make a final decision.
      (2)
The duty in sub-paragraph (1) is effective despite any other provisions of
this Part of this Schedule.
      (3)
The other provisions of this Part of this Schedule are to be ignored if, when
15
the Secretary of State and the appropriate Minister decide to cause an
inquiry to be held, effect has not been given to them.
Special parliamentary procedure for orders
27
Orders under paragraph 16 or 17 are subject to special parliamentary
procedure.
20
Part 4
Relieving undertakers of obligations
Orders to relieve obligations
28    (1)
The appropriate Minister may by order provide for statutory undertakers to
be relieved (whether absolutely or so far as specified in the order) of the need
25
to meet an obligation relating to the carrying on of their undertaking if
conditions 1 and 2 are met.
      (2)
Condition 1 is that the statutory undertakers have made representations on
the subject to the appropriate Minister.
      (3)
Condition 2 is that the appropriate Minister is satisfied that meeting some or
30
all of the obligation has been made impracticable by any of the acts and
events mentioned in sub-paragraph (4).
      (4)
The acts and events are—
(a)
the acquisition by the HCA under this Part of this Act of any land—
(i)
in which an interest was held for the purpose of carrying on
35
the undertaking concerned, or
(ii)
which was used for that purpose, and
(b)
the extinguishment of a right, or the imposition of any requirement,
by virtue of Part 1 of this Schedule.

Housing and Regeneration Bill
Schedule 4 — Powers in relation to, and for, statutory undertakers
Part 4 — Relieving undertakers of obligations
161

Notification of proposal to make order
29    (1)
Statutory undertakers must, as soon as possible after making
representations of the kind mentioned in paragraph 28(2), proceed as
directed by the appropriate Minister.
      (2)
The appropriate Minister may direct the statutory undertakers to do either
5
or both of the following—
(a)
publish a notice—
(i)
giving such particulars as the appropriate Minister may
direct of the matters to which the representations relate,
(ii)
specifying the time within which objections to the making of
10
an order as a result of the representations may be made, and
(iii)
specifying the manner in which objections to the making of
such an order may be made, and
(b)
serve a corresponding notice on such persons, or descriptions of
persons, as the appropriate Minister may direct.
15
      (3)
Publication under sub-paragraph (2) must be in such form and manner as
the appropriate Minister may direct.
Duty to consider objections
30    (1)
The appropriate Minister must proceed under paragraph 31 if—
(a)
an objection to the making of an order is properly made and not
20
withdrawn, and
(b)
the matter is not otherwise dealt with.
      (2)
For the purposes of sub-paragraph (1) an objection is properly made if (and
only if)—
(a)
it is made—
25
(i)
within the time, and
(ii)
in the manner,

stated in the notice under paragraph 29(2), and
(b)
a written statement of the grounds of the objection is comprised in,
or submitted with, the objection.
30
      (3)
For the purposes of sub-paragraph (1) the matter is otherwise dealt with if
(and only if) the appropriate Minister—
(a)
decides, irrespective of the objection, not to make the order, or
(b)
decides to make a modification which is agreed to by the objector as
meeting the objection.
35
31    (1)
The appropriate Minister must, before making a final decision, consider the
grounds of the objection as set out in the statement comprised in, or
submitted with, the objection.
      (2)
The appropriate Minister may require the objector to submit within a
specified period a further written statement as to any of the matters to which
40
the objection relates.

Housing and Regeneration Bill
Schedule 4 — Powers in relation to, and for, statutory undertakers
Part 4 — Relieving undertakers of obligations
162

Duty to give opportunity to appear
32    (1)
The appropriate Minister must, before making a final decision, give the
objector an opportunity to appear before, and be heard by, a person
appointed for the purpose by the appropriate Minister.
      (2)
The appropriate Minister must give an opportunity of appearing and being
5
heard on the same occasion to—
(a)
the statutory undertakers as a result of whose representations the
order is proposed to be made, and
(b)
any other persons whom the appropriate Minister considers ought to
be given the opportunity,
10

if the objector takes advantage of the opportunity mentioned in sub-
paragraph (1).
      (3)
Sub-paragraphs (1) and (2) do not apply so far as the appropriate Minister
has the power to proceed under paragraph 33 or 34.
Power to treat objection as irrelevant
15
33
The appropriate Minister may treat the objection as irrelevant for the
purpose of making a final decision—
(a)
if the appropriate Minister has considered the grounds of the
objection as set out in the original statement and in any further
statement, and
20
(b)
so far as the appropriate Minister is satisfied that the objection relates
to a matter which can be dealt with in the assessment of
compensation.
Power to curtail decision-making process
34
The appropriate Minister may make a final decision without further
25
investigation as to the matters to which the objection relates if—
(a)
the appropriate Minister—
(i)
has considered the grounds of the objection as set out in the
original statement and in any further statement, and
(ii)
is satisfied that, for the purpose of making a final decision,
30
sufficient information is available as to the matters to which
the objection relates, or
(b)
a further statement has been required under paragraph 31(2) but is
not submitted within the specified period.
Power to hold public local inquiry
35
35    (1)
The appropriate Minister may cause a public local inquiry to be held in
relation to an objection under this Part of this Schedule if the appropriate
Minister considers that the matters to which the objection relates are such as
to require investigation by such an inquiry before the appropriate Minister
makes a final decision.
40
      (2)
The power in sub-paragraph (1) is effective despite any other provisions of
this Part of this Schedule.

Housing and Regeneration Bill
Schedule 4 — Powers in relation to, and for, statutory undertakers
Part 4 — Relieving undertakers of obligations
163

      (3)
The other provisions of this Part of this Schedule are to be ignored if, when
the Secretary of State decides to cause an inquiry to be held, effect has not
been given to them.
Notification procedure after the making of an order
36    (1)
The appropriate Minister must, immediately after making an order under
5
paragraph 28, proceed under sub-paragraphs (2) and (3).
      (2)
The appropriate Minister must publish a notice stating—
(a)
that the order has been made, and
(b)
a place where a copy of it may be seen at any reasonable hour.
      (3)
The appropriate Minister must serve a copy of the notice on—
10
(a)
any person who—
(i)
duly made an objection to the order, and
(ii)
has sent the appropriate Minister a written request for the
notice with an address for service, and
(b)
any other person whom the appropriate Minister considers
15
appropriate.
Operative date of orders
37
An order under paragraph 28 which is not subject to special parliamentary
procedure becomes operative on the date on which the notice required by
paragraph 36(2) is first published.
20
Special parliamentary procedure for orders
38    (1)
An order under paragraph 28 is subject to special parliamentary procedure
if any objection to the making of the order is properly made and not
withdrawn before the order is made.
      (2)
Sub-paragraph (2) of paragraph 30 applies for the purposes of sub-
25
paragraph (1) above as it applies for the purposes of sub-paragraph (1) of
that paragraph.
Legal challenges to orders
39    (1)
Sub-paragraph (2) applies if a person aggrieved by an order under
paragraph 28 wishes to question its validity on the ground that—
30
(a)
it is not within the powers conferred by this Part of this Schedule, or
(b)
any requirement of this Part of this Schedule has not been complied
with in relation to the order.
      (2)
The person may, within 6 weeks beginning with the date on which the notice
required by paragraph 36(2) is first published, apply to the High Court.
35
      (3)
The High Court may, on an application under sub-paragraph (2), make an
interim order suspending (whether wholly or in part) the operation of the
order under paragraph 28 until the final determination of the proceedings.
      (4)
The operation of the order may be suspended generally or so far as affecting
any property of the applicant.
40

Housing and Regeneration Bill
Schedule 4 — Powers in relation to, and for, statutory undertakers
Part 5 — Supplementary
164

      (5)
The High Court may, on an application under sub-paragraph (2), quash
(whether wholly or in part) the order under paragraph 28 if satisfied that—
(a)
the order is wholly or to any extent outside the powers conferred by
this Part of this Schedule, or
(b)
the interests of the applicant have been substantially prejudiced by
5
the failure to comply with any requirement of this Part of this
Schedule.
      (6)
The order under paragraph 28 may be quashed generally or so far as
affecting any property of the applicant.
Part 5
10
Supplementary
Orders and directions
40    (1)
The power of—
(a)
the Secretary of State and the appropriate Minister,
(b)
the Secretary of State and the Secretary of State for Business,
15
Enterprise and Regulatory Reform, or
(c)
the appropriate Minister,

to make orders under this Schedule includes power to vary or revoke such
orders and to make supplementary, incidental, consequential, transitional,
transitory or saving provision.
20
      (2)
The power of—
(a)
the Secretary of State and the appropriate Minister, or
(b)
the appropriate Minister,

to give directions under this Schedule includes power to vary or revoke such
directions and to make supplementary, incidental, consequential,
25
transitional, transitory or saving provision.
Interpretation
41    (1)
In this Schedule—
“the appropriate Minister” is to be read as if contained in Part 11 of the
Town and Country Planning Act 1990 (c. 8),
30
“the Secretary of State and the appropriate Minister” is to be read as if
contained in Part 11 of the Town and Country Planning Act 1990
(and any references to the Secretary of State and the appropriate
Minister are, in relation to anything done or to be done by them, to
be read as references to them acting jointly),
35
“statutory undertakers” means persons who are or are deemed to be
statutory undertakers for the purposes of any provision of Part 11 of
the Town and Country Planning Act 1990; and “statutory
undertaking” is to be read in accordance with section 262 of that Act
(meaning of “statutory undertaker”).
40
      (2)
In this Schedule, in relation to an order, any reference to making a final
decision is a reference to deciding whether to make the order or what
modification (if any) ought to be made.