Part IE+W+S Orders authorising works etc

Procedure for making ordersE+W+S

14 Publicity for making or refusal of orders.E+W+S

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

(a)give notice of the determination to the person (if any) who applied for the order and to every person who made an objection which was referred to an inquiry or hearing in accordance with section 11(3) above, and

(b)publish a notice of the determination in the London Gazette.

(2)A notice under subsection (1)(a) above shall state the reasons for the determination.

(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.

[F1(3A)Where a determination under section 13(1) above relates to an application or proposal to which this subsection applies, the notices under subsection (1) above shall state that, before the Secretary of State made the determination—

(a)he considered the environmental statement, 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.

(3B)Subsection (3A) above applies to any application under section 6 above for an order, and any proposal to make an order by virtue of section 7 above, where the order would authorise—

(a)works or other projects in a class listed in Annex I to Council Directive 85/337/EEC F2 on the assessment of the effects of certain public and private projects on the environment, or

(b)works or other projects in a class listed in Annex II to that Directive which are, by virtue of their nature, size or location, likely to have significant effects on the environment.

(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.

(3D)For the purposes of subsection (3A) above, “environmental statement” means a statement—

(a)which is required by virtue of rules made under section 6 above—

(i)to accompany an application under that section for an order; or

(ii)to be prepared in connection with the publication of a notice of a proposal to make an order by virtue of section 7 above, and

(b)which sets out particulars of the likely impact on the environment of the implementation of the order applied for or proposed.]

(4)Where the Secretary of State determines to make an order, the person who applied for the order (or, where the order is made by virtue of section 7 above, the Secretary of State) shall publish a copy of the notice given to him under subsection (1) above in a local newspaper circulating in the area (or each of the areas) in which any works authorised by the order are to be carried out.

(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 [F3but 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.