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Change 1
As published
SCHEDULE 5 Modifications of Certain Provisions of the Town and Country Planning Act 1990 as Applied by Section 21
Section 21.
Part I Modifications in Relation to Land Referred to in Paragraph (a) or (b) of Section 21(2)
1 For references in sections 271, 272, 274, 279(2) to (4), 280 and 282 of the Town and Country Planning Act 1990 (referred to in this Schedule as “the 1990 Act”) to the acquiring or appropriating authority substitute references to the special road authority.
2 In subsection (2) of section 271 and of section 272 for the words from “any development” to “appropriated” substitute “any works in pursuance of the scheme or order, or as the case may be, for the purpose of ensuring that the highway can be safely used as a special road”.
3 The references in subsection (5) of the said section 271 and of the said section 272 and subsections (2) and (3) of the said section 274 to a local authority or statutory undertakers include references to the special road authority, whena strategic highways company or a local highway authority.
4 In paragraph (b) of section 273(1) of the 1990 Act for the words “development to be carried out on the land is” substitute “the works to be executed by the special road authority or, as the case may be, that the effect of the conversion of the highway into a special road, will be”.
5 For subsection (2) of the said section 273 substitute the following:—
(2) No notice under this section shall be served later than 21 days after the date of the commencement of the works or as the case may be, the date of the coming into operation of the order by means of which the highway is appropriated by or transferred to the special road authority.
.
6 For references in subsections (3) and (6) of the said section 273 to the authority or the acquiring or appropriating authority substitute references to the special road authority.
Part II Modifications in Relation to Land Referred to in Paragraph (c) of Section 21(2)
1 For references in sections 271, 272, 274, 279(2) to (4), 280 and 282 of the 1990 Act to the acquiring or appropriating authority substitute references to the Minister,the strategic highways company, the special road authority or the local highway authority, as the case may be, by whom the order in question was made.
2 In subsection (2) of section 271 and of section 272 for the words from “is necessary” to “appropriated” substitute “is made necessary by the works in connection with which the stopping up or diversion of the highways is or was authorised”.
3 The references in subsection (5) of the said section 271 and of the said section 272 and subsections (2) and (3) of the said section 274 to a local authority or statutory undertakers include references toa strategic highways company or a local highway authority.
4 For subsections (1) and (2) of section 273 of the 1990 Act substitute the following:—
(1) Subject to the provisions of this section, where the stopping up or diversion of a highway is or was authorised by an order under section 14 or section 18 of the Highways Act 1980, and—
(a) there is on, under or over the land over which that highway subsists or subsisted any apparatus vested in or belonging to statutory undertakers; and
(b) the undertakers claim that the works in connection with which the stopping up or diversion of the highway is or was authorised are such as to require, on technical or other grounds connected with the carrying on of their undertaking, the removal or re-siting of their apparatus,
the undertakers may serve on the Minister,the strategic highways company, the special road authority or the local highway authority, as the case may be, by whom the order was made a notice claiming the right to enter on the land and carry out such works for the removal or re-siting of the apparatus or any part of it as may be specified in the notice.
(2) No notice under this section shall be served later than twenty-one days after the later of the following dates, that is to say, the date of the coming into operation of the order in question and the date of the commencement of the works in connection with which the stopping up or diversion of the highway is or was authorised.
.
5 For references in subsections (3) and (6) of the said section 273 to the authority or to the acquiring or appropriating authority substitute references to the Minister,the strategic highways company, the special road authority or the local highway authority as the case may be, by whom the order in question was made.
Your change, as a redline
SCHEDULE 5 Modifications of Certain Provisions of the Town and Country Planning Act 1990 as Applied by Section 21
Section 21.
Part I Modifications in Relation to Land Referred to in Paragraph (a) or (b) of Section 21(2)
1 For references in sections 271, 272, 274, 279(2) to (4), 280 and 282 of the Town and Country Planning Act 1990 (referred to in this Schedule as “the 1990 Act”) to the acquiring or appropriating authority substitute references to the special road authority.
2 In subsection (2) of section 271 and of section 272 for the words from “any development” to “appropriated” substitute “any works in pursuance of the scheme or order, or as the case may be, for the purpose of ensuring that the highway can be safely used as a special road”.
3 The references in subsection (5) of the said section 271 and of the said section 272 and subsections (2) and (3) of the said section 274 to a local authority or statutory undertakers include references to the special road authority, whena strategic highways company or a local highway authority.
4 In paragraph (b) of section 273(1) of the 1990 Act for the words “development to be carried out on the land is” substitute “the works to be executed by the special road authority or, as the case may be, that the effect of the conversion of the highway into a special road, will be”.
5 For subsection (2) of the said section 273 substitute the following:—
(2) No notice under this section shall be served later than 21 days after the date of the commencement of the works or as the case may be, the date of the coming into operation of the order by means of which the highway is appropriated by or transferred to the special road authority.
.
6 For references in subsections (3) and (6) of the said section 273 to the authority or the acquiring or appropriating authority substitute references to the special road authority.
Part II Modifications in Relation to Land Referred to in Paragraph (c) of Section 21(2)
1 For references in sections 271, 272, 274, 279(2) to (4), 280 and 282 of the 1990 Act to the acquiring or appropriating authority substitute references to the Minister,the strategic highways company, the special road authority or the local highway authority, as the case may be, by whom the order in question was made.
2 In subsection (2) of section 271 and of section 272 for the words from “is necessary” to “appropriated” substitute “is made necessary by the works in connection with which the stopping up or diversion of the highways is or was authorised”.
3 The references in subsection (5) of the said section 271 and of the said section 272 and subsections (2) and (3) of the said section 274 to a local authority or statutory undertakers include references toa strategic highways company or a local highway authority.
4 For subsections (1) and (2) of section 273 of the 1990 Act substitute the following:—
(1) Subject to the provisions of this section, where the stopping up or diversion of a highway is or was authorised by an order under section 14 or section 18 of the Highways Act 1980, and—
(a) there is on, under or over the land over which that highway subsists or subsisted any apparatus vested in or belonging to statutory undertakers; and
(b) the undertakers claim that the works in connection with which the stopping up or diversion of the highway is or was authorised are such as to require, on technical or other grounds connected with the carrying on of their undertaking, the removal or re-siting of their apparatus,
the undertakers may serve on the Minister,the strategic highways company, the special road authority or the local highway authority, as the case may be, by whom the order was made a notice claiming the right to enter on the land and carry out such works for the removal or re-siting of the apparatus or any part of it as may be specified in the notice.
(2) No notice under this section shall be served later than twenty-one days after the later of the following dates, that is to say, the date of the coming into operation of the order in question and the date of the commencement of the works in connection with which the stopping up or diversion of the highway is or was authorised.
.
5 For references in subsections (3) and (6) of the said section 273 to the authority or to the acquiring or appropriating authority substitute references to the Minister,the strategic highways company, the special road authority or the local highway authority as the case may be, by whom the order in question was made.
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