MiscellaneousE+W+S

(b)that any requirement imposed by or under this Act or the M1Tribunals and Inquiries Act [F11992] has not been complied with,

he may, within the period of 42 days beginning with the day on which the notice required by section 14(1)(b) above is published, make an application for the purpose to the High Court.

(2)On any such application, the court—

(a)may by interim order suspend the operation of the order, or of any provision contained in it, either generally or in so far as it affects any property of the applicant, until the final determination of the proceedings, and

(b)if satisfied that the order or any provision contained in it is not within the powers of this Act, or that the interests of the applicant have been substantially prejudiced by a failure to comply with any requirement imposed by or under this Act or the M2Tribunals and Inquiries Act [F21992] , may quash the order or any provision contained in it, either generally or in so far as it affects any property of the applicant.

(3)Subject to subsections (1) and (2) above, an order under section 1 or 3 above shall not, either before or after it has been made, be questioned in any legal proceedings whatever.

(9)The M3Tribunals and Inquiries Act [F31992] shall apply to a local inquiry or other hearing by a person appointed under this section as it applies to a statutory inquiry held by the Secretary of State, but as if in [F4section 10(1)] of that Act (statement of reasons for decisions) the reference to any decision taken by the Secretary of State were a reference to a decision taken by an appointed person.

F5(9A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10)Where a person appointed under this section is an officer of the [F6[F7the Department for Communities and Local Government] , the Department for Transport], [F8the Department for Business, Energy and Industrial Strategy] or the Welsh Office, his functions shall be treated for the purposes of the M4Parliamentary Commissioner Act 1967—

[F9(a)if he was appointed by the Secretary of State for the time being having general responsibility in transport matters in relation to England, as functions of the Department for Transport;

(b)if he was appointed by the Secretary of State for the time being having general responsibility in planning matters in relation to England, as functions of [F7the Department for Communities and Local Government] ;]

(c)if he was appointed by the Secretary of State for the time being having general responsibility in energy matters, as functions of [F8the Department for Business, Energy and Industrial Strategy] ;

(d)if he was appointed by the Secretary of State for the time being having general responsibility in planning matters in relation to Wales, as functions of the Welsh Office.

(11)The power to make regulations under this section shall be exercisable by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

In section 1 of the M5Private Legislation Procedure (Scotland) Act 1936 (which requires the promotion of Provisional Orders rather than Private Bills in connection with powers relating to Scotland), in subsection (4) (which provides an exception from the requirement in certain cases relating to Scotland and elsewhere if the promotion of a Private Bill would be more appropriate than the promotion of a Private Bill and a Provisional Order) after the words “Provisional Order” there shall be inserted the words “ (or a Provisional Order and an order under section 1 or 3 of the Transport and Works Act 1992) ”.

(b)in the case of other land belonging to Her Majesty in right of the Crown, the government department having the management of the land [F10or the relevant person];

(c)in the case of land belonging to Her Majesty in right of the Duchy of Lancaster, the Chancellor of the Duchy;

(d)in the case of land belonging to the Duchy of Cornwall, such person as the Duke of Cornwall, or the possessor for the time being of the Duchy of Cornwall, appoints;

(e)in the case of land belonging to a government department or held in trust for Her Majesty for the purposes of a government department, that department.

[F11(3A)In subsection (3), “relevant person”, in relation to any land to which section 90B(5) of the Scotland Act 1998 applies, means the person who manages that land.]

(4)If any question arises as to what authority is the appropriate authority in relation to any land, that question shall be referred to the Treasury, whose decision shall be final.