Transport and Works Act 1992
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Change 1
13 Making or refusal of orders under section 1 or 3 : general.
(1) Where an application has been made to the Secretary of State under section 6 above, or he proposes to make an order by virtue of section 7 above, and (in either case) the requirements of the preceding provisions of this Act in relation to any objections have been satisfied, he shall determine— (a) to make an order under section 1 or 3 above which gives effect to the proposals concerned without modifications, or (b) to make an order which gives effect to those proposals with modifications, or (c) not to make an order. (2) Where an application has been made to the Secretary of State under section 6 above and he considers that any of the objects of the order applied for could be achieved by other means, he may on that ground determine not to make the order (but this subsection is without prejudice to subsection (3) below). (3) The power of the Secretary of State to make a determination under subsection (1) above includes power to make a determination in respect of some only of the proposals concerned, while making a separate determination in respect of, or deferring consideration of, others (and accordingly the power to make an order under section 1 or 3 above includes power to make two or more orders on the same application). (4) Where the Secretary of State proposes to make an order which gives effect to the proposals concerned with modifications which will in his opinion make a substantial change in the proposals— (a) he shall notify any person who appears to him to be likely to be affected by the modifications, (b) he shall give that person an opportunity of making representations to him about the modifications within such period as he may specify in the notice, and (c) he shall before making the order consider any representations duly made to him. (5) An order under section 1 or 3 above shall come into operation on the date on which notice of the determination to make the order is first published under section 14(1)(b), or on such later date, if any, as may be specified in the order. (6) This section is subject to sections 13B to 13D (which make provision about the consideration of applications or proposals for EIA orders and the making of such orders). (7) The Secretary of State may, for cases involving applications under section 6, make rules as to the period within which— (a) a determination under subsection (1) must be made, or (b) a step must be taken as required by subsection (4), section 13B or section 13C. (8) Rules under subsection (7)— (a) may provide for periods to be determined or changed by the Secretary of State or the Welsh Ministers in individual cases; (b) may provide for the postponement of a requirement under the rules where a fee payable in connection with the application is not paid on time; (c) may make different provision for different cases; (d) if they apply in relation to Wales, may be made only with the agreement of the Welsh Ministers; (e) must be made by statutory instrument; and such an instrument is subject to annulment in pursuance of a resolution of either House of Parliament.
13 Making or refusal of orders under section 1 or 3 : general.
(1) Where an application has been made to the Secretary of State under section 6 above, or he proposes to make an order by virtue of section 7 above, and (in either case) the requirements of the preceding provisions of this Act in relation to any objections have been satisfied, he shall determine— (a) to make an order under section 1 or 3 above which gives effect to the proposals concerned without modifications, or (b) to make an order which gives effect to those proposals with modifications, or (c) not to make an order. (2) Where an application has been made to the Secretary of State under section 6 above and he considers that any of the objects of the order applied for could be achieved by other means, he may on that ground determine not to make the order (but this subsection is without prejudice to subsection (3) below). (3) The power of the Secretary of State to make a determination under subsection (1) above includes power to make a determination in respect of some only of the proposals concerned, while making a separate determination in respect of, or deferring consideration of, others (and accordingly the power to make an order under section 1 or 3 above includes power to make two or more orders on the same application). (4) Where the Secretary of State proposes to make an order which gives effect to the proposals concerned with modifications which will in his opinion make a substantial change in the proposals— (a) he shall notify any person who appears to him to be likely to be affected by the modifications, (b) he shall give that person an opportunity of making representations to him about the modifications within such period as he may specify in the notice, and (c) he shall before making the order consider any representations duly made to him. (5) An order under section 1 or 3 above shall come into operation on the date on which notice of the determination to make the order is first published under section 14(1)(b), or on such later date, if any, as may be specified in the order. (6) This section is subject to sections 13B to 13D (which make provision about the consideration of applications or proposals for EIA orders and the making of such orders). (7) The Secretary of State may, for cases involving applications under section 6, make rules as to the period within which— (a) a determination under subsection (1) must be made, or (b) a step must be taken as required by subsection (4), section 13B or section 13C. (8) Rules under subsection (7)— (a) may provide for periods to be determined or changed by the Secretary of State or the Welsh Ministers in individual cases; (b) may provide for the postponement of a requirement under the rules where a fee payable in connection with the application is not paid on time; (c) may make different provision for different cases; (d) if they apply in relation to Wales, may be made only with the agreement of the Welsh Ministers; (e) must be made by statutory instrument; and such an instrument is subject to annulment in pursuance of a resolution of either House of Parliament.
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