Town and Country Planning Act 1971

• (7) Immediately after the order has been made, the Secretary of State shall publish, in the manner specified in subsection (1) of this section, a notice stating that the order has been made, and naming a place where a copy of the order may be seen at all reasonable hours; and the provisions of subsection (2) of this section shall have effect in relation to any such notice as they have effect in relation to a notice under subsection (1) of this section.

• (8) In this section "the relevant area", in relation to an order, means the area in which any highway or land to which the order relates is situated, and " local authority " means the council of a county, county borough, county district or parish, or of a borough included in a rural district, the Greater London Council, the council of a London borough, and the parish meeting of a rural parish not having a separate parish council.

Procedure in anticipation of planning permission, etc.

216

• (1) Where the Secretary of State would, if planning permission for any development had been granted under Part III of this Act, have power to make an order under section 209 or 211 of this Act authorising the stopping-up or diversion of a highway in order to enable that development to be carried out, then, notwithstanding that such permission has not been granted, the Secretary of State may, in the circumstances specified in subsections (2) to (4) of this section, publish notice of the draft of such an order in accordance with section 215 of this Act.

• (2) The Secretary of State may publish such a notice as aforesaid where the relevant development is the subject of an application for planning permission and either—

• (a) that application is made by a local authority or statutory undertakers or the National Coal Board; or

• (b) that application stands referred to the Secretary of State in pursuance of a direction under section 35 of this Act; or

• (c) the applicant has appealed to the Secretary of State under section 36 of this Act against a refusal of planning permission or of approval required under a development order, or against a condition of any such permission or approval.

• (3) The Secretary of State may publish such a notice as aforesaid where—

• (a) the relevant development is to be carried out by a local authority, statutory undertakers or the National Coal Board and requires, by virtue of an enactment, the authorisation of a government department; and

• (b) the developers have made application to the department for that authorisation and also requested a direction under section 40 of this Act or, in the case of the National Coal Board, under section 2 of the Opencast Coal Act 1958, that planning permission be deemed to be granted for that development.

• (4) The Secretary of State may publish such a notice as aforesaid where the council of a county or county borough, the Greater London Council, the council of a London borough, a joint planning board, or the Inner London Education Authority certify that they have begun to take such steps, in accordance with regulations made by virtue of section 270 of this Act, as are requisite in order to enable them to obtain planning permission for the relevant development.

• (5) Section 215(5) of this Act shall not be construed as authorising the Secretary of State to make an order under section 209 or 211 of this Act of which notice has been published by virtue of subsection (1) of this section until planning permission is granted for the development which occasions the making of the order.

Confirmation of orders made by other authorities

217

• (1) An order made under section 210 or 214(1)(b) of this Act shall not take effect unless confirmed by the Secretary of State, or unless confirmed, as an unopposed order, by the authority who made it.

• (2) The Secretary of State shall not confirm any such order unless satisfied as to every matter of which the authority making the order are required under section 210 or 214(1)(b) (as the case may be) to be satisfied.

• (3) The time specified—

• (a) in an order under section 210 as the time from which a footpath or bridleway is to be stopped up or diverted ; or

• (b) in an order under section 214(1)(b) as the time from which a right of way is to be extinguished,

shall not be earlier than confirmation of the order.

• (4) Schedule 20 to this Act shall have effect with respect to the confirmation of orders under section 210 or 214(1)(b) of this Act and the publicity for such orders after they are confirmed.

Supplementary provisions

Compulsory acquisition of land in connection with highways

218

• (1) The Secretary of State or a local highway authority may be authorised to acquire land compulsorily—

• (a) for the purpose of providing or improving any highway which is to be provided or improved in pursuance of an order under section 209, 211 or 212 of this Act or for any other purpose for which land is required in connection with such an order; or

• (b) for the purpose of providing any public right of way which is to be provided as an alternative to a right of way extinguished under 214(1)(a) of this Act.

• (2) The Acquisition of Land (Authorisation Procedure) Act 1946 shall apply to the acquisition of land under this section, and accordingly shall have effect—

• (a) as if this section had been in force immediately before the commencement of that Act; and

• (b) as if this section were included among the enactments specified in section 1(1)(b) of that Act

Concurrent proceedings in connection with highways

219

• (1) In relation to orders under sections 209, 211 and 212 of this Act, regulations made under this Act may make provision for securing that any proceedings required to be taken for the purposes of the acquisition of land under section 218 of this Act (as mentioned in subsection (1)(a) of that section) may be taken concurrently with any proceedings required to be taken for the purposes of the order.

• (2) In relation to orders under section 214(1)(a) of this Act, regulations made under this Act may make provision for securing—

• (a) that any proceedings required to be taken for the purposes of such an order may be taken concurrently with any proceedings required to be taken for the purposes of the acquisition of the land over which the right of way is to be extinguished; or

• (b) that any proceedings required to be taken for the purposes of the acquisition of any other land under section 218 of this Act (as mentioned in subsection (1)(b) of that section) may be taken concurrently with either or both of the proceedings referred to in the preceding paragraph.

Provisions as to telegraphic lines

220

• (1) Where in pursuance of an order under section 209, 211 or 212 of this Act a highway is stopped up or diverted, and, immediately before the date on which the order became operative, there was under, in, on, over, along or across the highway a telegraphic line belonging to or used by the Post Office, the Post Office shall have the same powers in respect of that line as if the order had not become operative:

Provided that if any person entitled to land over which the highway subsisted requires that the telegraphic line should be altered, paragraphs (1) to (8) of section 7 of the Telegraph Act 1878 shall apply to the alteration, and accordingly shall have effect, subject to any necessary modifications, as if references therein to undertakers included references to the person so requiring the line to be altered.

• (2) Where any such order provides for the improvement of a highway, other than a trunk road, and, immediately before the date on which the order became operative, there was under, in, on, over, along or across the highway a telegraphic line belonging to or used by the Post Office, then if the local highway authority require that that line should be altered, paragraphs (1) to (8) of the said section 7 shall apply to the alteration, and accordingly shall have effect, subject to any necessary modifications, as if references therein to undertakers included references to the local highway authority:

Provided that those paragraphs shall not apply by virtue of this subsection to the alteration of a telegraphic line for the purpose of the authority's works as defined in Part II of the Public Utilities Street Works Act 1950.

• (3) Where an order under section 214(1)(a) of this Act extinguishing a public right of way is made on the application of a local authority, and at the time of the publication of the notice required by section 215(1) of this Act there was under, in, on, over, along or across the land over which the right of way subsisted a telegraphic line belonging to or used by the Post Office—

• (a) the power of the Post Office to remove the line shall, notwithstanding the making of the order, be exercisable at any time not later than the end of the period of three months from the date on which the right of way is extinguished, and shall be exercisable in respect of the whole or any part of the line after the end of that period if before the end of that period the Post Office has given notice to the local authority of its intention to remove the line or that part thereof, as the case may be;

• (b) the Post Office may by notice given in that behalf to the local authority not later than the end of the said period of three months abandon the telegraphic line or any part thereof;

• (c) subject to paragraph (b) of this subsection, the Post Office shall be deemed at the end of that period to have abandoned any part of the line which it has then neither removed nor given notice of its intention to remove;

• (d) the Post Office shall be entitled to recover from the local authority the expense of providing, in substitution for the line and any telegraphic line connected therewith which is rendered useless in consequence of the removal or abandonment of the fine, a telegraphic line in such other place as the Post Office may require ;

• (e) where under the preceding provisions of this subsection the Post Office has abandoned the whole or any part of a telegraphic line, it shall vest in the local authority, and the provisions of the Telegraph Acts 1863 to 1916 shall not apply in relation to the line or that part thereof with respect to anything done or omitted after the abandonment thereof.

• (4) As soon as practicable after the making of an order under section 214(1)(a) of this Act extinguishing a public right of way in circumstances in which subsection (3) of this section applies, the Secretary of State shall give notice to the Post Office of the making of the order.

• (5) In this section " telegraphic line " and " alter " have the same meanings as in the Telegraph Act 1878.

Application of s.32 of Mineral Workings Act 1951 to orders under Part X

221

• (1) In subsections (1) and (2) of section 32 of the Mineral Workings Act 1951 (power of Ministers to make temporary order for stopping up or diversion of highway in connection with working of surface minerals)—

• (a) references to section 209 of this Act (except the reference to subsection (3) of that section) shall include references to section 210 of this Act;

• (b) the reference to the said subsection (3) shall include a reference to subsection (2) of the said section 210; and

• (c) references to the Secretary of State shall include references to a competent authority for the purposes of the said section 210.

• (2) In subsection (3) of the said section 32 (rights of statutory undertakers in respect of their apparatus where order is made under section 209 of this Act) the reference to section 209 of this Act shall include a reference to section 211 of this Act.

• (3) This section has effect in lieu of the amendments of the said section 32 made by sections 91(4) and 94(5) of the Act of 1968.

PART XI — Statutory Undertakers

Preliminary

Meaning of "operational land"

222

In this Act "operational land" means, in relation to statutory undertakers—

• (a) land which is used for the purpose of carrying on then undertaking; and

• (b) land in which an interest is held for that purpose,

not being land which, in respect of its nature and situation, is comparable rather with land in general than with land which is used, or in which interests are held, for the purpose of the carrying on of statutory undertakings.

Cases in which land is to be treated as not being operational land

223

• (1) Where an interest in land is held by statutory undertakers for the purpose of carrying on their undertaking and—

• (a) the interest was acquired by them on or after 6th December 1968; or

• (b) it was held by them immediately before that date but the circumstances were then such that the land did not fall to be treated as operational land for the purposes of the Act of 1962,

then subsection (2) of this section shall have effect for the purpose of determining whether the land is to be treated as operational land for the purposes of this Act and shall so have effect notwithstanding the definition of operational land in section 222 of this Act.

• (2) The land shall not be treated as operational land for the purposes of this Act unless one or both of the following conditions are satisfied with respect to it, namely—

• (a) there is, or at some time has been, in force with respect to the land a specific planning permission for its development and that development, if carried out, would involve or have involved the use of the land for the purpose of the carrying on of the statutory undertakers' undertaking; or

• (b) the undertakers' interest in the land was acquired by them as the result of a transfer under the provisions of the Transport Act 1968 from other statutory undertakers and the land was, immediately before transfer, operational land of those other undertakers.

• (3) A specific planning permission for the purpose of subsection (2) (a) of this section is a planning permission—

• (a) granted on an application in that behalf under Part III of this Act or the enactments previously in force and replaced by that Part of this Act; or

• (b) granted by provisions of a development order granting planning permission generally for development which has received specific parliamentary approval; or

• (c) granted by a special development order in respect of development specifically described in the order; or

• (d) deemed to be granted by virtue of a direction of a government department under section 40 of this Act, section 41 of the Act of 1962 or section 35 of the Act of 1947;

and the reference in paragraph (b) of this subsection to development which has received specific parliamentary approval shall be construed as referring to development authorised by a local or private Act of Parliament or by an order approved by both Houses of Parliament or by an order which has been brought into operation in accordance with the provisions of the Statutory Orders (Special Procedure) Act 1945, being an Act or order which designates specifically both the nature of the development thereby authorised and the land upon which it may be carried out.

Meaning of "the appropriate Minister"

224

• (1) In this Act " the appropriate Minister"—

• (a) in relation to statutory undertakers carrying on an under taking for the supply of electricity, gas or hydraulic power, means the Secretary of State for Trade and Industry;

• (b) in relation to statutory undertakers carrying on a light house undertaking, means the said Secretary of State or the Board of Trade ;

• (c) in relation to statutory undertakers carrying on an under taking for the supply of water, means, in the application of this Act to Wales, the Secretary of State for Wales; and

• (d) in relation to any other statutory undertakers, means the Secretary of State for the Environment.

• (2) This Act shall have effect as if references to the Secretary of State and the appropriate Minister—

• (a) were references to the Secretary of State and the appropriate Minister, if the appropriate Minister is not the one concerned as the Secretary of State; and

• (b) were references to the one concerned as the Secretary of State alone, if he is also the appropriate Minister;

and similarly with references to a Minister and the appropriate Minister and with any provision requiring the Secretary of State to act jointly with the appropriate Minister.

General provisions

Applications for planning permission by statutory undertakers

225

• (1) Where—

• (a) an application for planning permission to develop land to which this subsection applies is made by statutory undertakers and is referred to the Secretary of State under Part III of this Act; or

• (b) an appeal is made to the Secretary of State under Part III of this Act from the decision on such an application ; or

• (c) such an application is deemed to be made under subsection (7) of section 88 of this Act on an appeal under that section by statutory undertakers,

the application or appeal shall be dealt with by the Secretary of State and the appropriate Minister.

• (2) Subsection (1) of this section applies—

• (a) to operational land ; and

• (b) to land in which the statutory undertakers hold, or propose to acquire, an interest with a view to its being used for the purpose of carrying on their undertaking where the planning permission, if granted on the application or appeal, would be for development involving the use of the land for that purpose.

• (3) An application for planning permission which is deemed to have been made by virtue of section 95(6) of this Act shall be determined by the Secretary of State and the appropriate Minister.

• (4) Notwithstanding anything in Part III of this Act, planning permission to develop operational land of statutory undertakers shall not, except with their consent, be granted subject to conditions requiring that any buildings or works authorised by the permission shall be removed, or that any use of the land so authorised shall be discontinued, at the end of a specified period.

• (5) Subject to the provisions of this Part of this Act as to compensation, the provisions of this Act shall apply to an application which is dealt with under this section by the Secretary of State and the appropriate Minister as if it had been dealt with by the Secretary of State.

Development requiring authorisation of government department

226

• (1) Where the authorisation of a government department is required in respect of any development of operational land, then, except where that authorisation has been granted without any direction as to the grant of planning permission, the Secretary of State and the appropriate Minister shall not be required to deal with an application for planning permission under section 225(1) of this Act.

• (2) The provisions of subsection (3) of section 40 of this Act shall have effect for the purposes of this section as they have effect for the purposes of that section.

Revocation or modification of permission to develop operational land

227

In relation to any planning permission, granted on the application of statutory undertakers, for the development of operational land, the provisions of Part III of this Act with respect to the revocation and modification of planning permission shall have effect as if, for any reference therein to the Secretary of State, there were substituted a reference to the Secretary of State and the appropriate Minister.

Order requiring discontinuance of use etc. of operational land

228

The provisions of Part III of this Act with respect to the making of orders requiring the discontinuance of any use of land or imposing conditions on the continuance thereof, or requiring buildings or works on land to be altered or removed, shall have effect, in relation to operational land of statutory undertakers, as if, for any reference therein to the Secretary of State, there were substituted a reference to the Secretary of State and the appropriate Minister.

Acquisition of land of statutory undertakers

229

• (1) Notwithstanding anything in paragraph 10 of Schedule 1 to the Acquisition of Land (Authorisation Procedure) Act 1946, a compulsory purchase order to which this section applies may be confirmed or made without the appropriate Minister's certificate.

• (2) This section applies to any compulsory purchase order under this Act authorising the acquisition of land which has been acquired by statutory undertakers for the purposes of their undertaking.

• (3) Except where the appropriate Minister's certificate is given, a compulsory purchase order to which this section applies shall be of no effect unless it is confirmed or made by the appropriate Minister jointly with the Minister or Ministers who would apart from this subsection have power to make or confirm it.

• (4) In this section "the appropriate Minister's certificate" means such a certificate as is mentioned in paragraph 10 of Schedule 1 to the said Act of 1946.

Extinguishment of rights of way, and rights as to apparatus, of statutory undertakers

230

• (1) Where any land has been acquired by a Minister, a local authority or statutory undertakers under Part VI of this Act or compulsorily under any other enactment, or has been appropriated by a local authority for planning purposes, and—

• (a) there subsists over that land a right vested in or belonging to statutory undertakers for the purpose of the carrying on of their undertaking, being a right of way or a right of laying down, erecting, continuing or maintaining apparatus on, under or over the land; or

• (b) there is on, under or over the land apparatus vested in or belonging to statutory undertakers for the purpose of the carrying on of their undertaking,

the acquiring or appropriating authority, if satisfied that the extinguishment of the right or, as the case may be, the removal of the apparatus, is necessary for the purpose of carrying out any development with a view to which the land was acquired or appropriated, may serve on the statutory undertakers a notice stating that, at the end of the period of twenty-eight days from the date of service of the notice or such longer period as may be specified therein, the right will be extinguished or requiring that, before the end of such period as aforesaid, the apparatus shall be removed.

• (2) The statutory undertakers on whom a notice is served under subsection CD of this section may, before the end of the period of twenty-eight days from the service of the notice, serve a counter-notice on the acquiring or appropriating authority stating that they object to all or any of the provisions of the notice and specifying the grounds of their objection.

• (3) If no counter-notice is served under subsection (2) of this section—

• (a) any right to which the notice relates shall be extinguished at the end of the period specified in that behalf in the notice ; and

• (b) if, at the end of the period so specified in relation to any apparatus, any requirement of the notice as to the removal of the apparatus has not been complied with, the acquiring or appropriating authority may remove the apparatus and dispose of it in any way the authority may think fit.

• (4) If a counter-notice is served under subsection (2) of this section on a local authority or on statutory undertakers, the authority or undertakers may either withdraw the notice (without prejudice to the service of a further notice) or may apply to the Secretary of State and the appropriate Minister for an order under this section embodying the provisions of the notice, with or without modification.

• (5) If a counter-notice is served under subsection (2) of this section on a Minister, he may withdraw the notice (without prejudice to the service of a further notice) or he and the appropriate Minister may make an order under this section embodying the provisions of the notice, with or without modification.

• (6) In this section any reference to the appropriation of land for planning purposes shall be construed in accordance with section 133(1) of this Act as if this section were in Part VI of this Act.

Orders under s.230

231

• (1) Where a Minister and the appropriate Minister propose to make an order under section 230(5) of this Act, they shall prepare a draft of the order.

• (2) Before making an order under subsection (4) or subsection (5) of section 230 of this Act, the Ministers proposing to make the order—

• (a) shall afford to the statutory undertakers on whom notice was served under subsection (1) of that section an opportunity of objecting to the application for, or proposal to make, the order; and

• (b) if any objection is made, shall consider the objection and afford to those statutory undertakers (and, in a case falling within subsection (4) of that section, to the local authority or statutory undertakers on whom the counter-notice was served) an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State and the appropriate Minister for the purpose,

and may then, if they think fit, make the order in accordance with the application or in accordance with the draft order, as the case may be, either with or without modification.

• (3) Where an order is made under section 230 of this Act—

• (a) any right to which the order relates shall be extinguished at the end of the period specified in that behalf in the order; and

• (b) if, at the end of the period so specified in relation to any apparatus, any requirement of the order as to the removal of the apparatus has not been complied with, the acquiring or appropriating authority may remove the apparatus and dispose of it in any way the authority may think fit.

Notice for same purposes as s.230 but given by statutory undertakers to developing authority

232

• (1) Subject to the provisions of this section, where land has been acquired or appropriated as mentioned in section 230(1) of this Act, and—

• (a) there is on, under or over the land any apparatus vested in or belonging to statutory undertakers; and

• (b) the undertakers claim that development to be carried out on the land is such as to require, on technical or other grounds connected with the carrying on of their undertaking, the removal or re-siting of the apparatus affected by the development,

the undertakers may serve on the acquiring or appropriating authority 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) Where, after the land has been acquired or appropriated as aforesaid, development of the land is begun to be carried out, no notice under this section shall be served later than twenty-one days after the beginning of the development.

• (3) Where a notice is served under this section, the authority on whom it is served may, before the end of the period of twenty-eight days from the date of service, serve on the statutory undertakers a counter-notice stating that they object to all or any of the provisions of the notice and specifying the grounds of their objection.

• (4) If no counter-notice is served under subsection (3) of this section, the statutory undertakers shall, after the end of the period of twenty-eight days therein mentioned, have the rights claimed in their notice.

• (5) If a counter-notice is served under subsection (3) of this section, the statutory undertakers who served the notice under this section may either withdraw it or may apply to the Secretary of State and the appropriate Minister for an order under this section conferring on the undertakers the rights claimed in the notice or such modified rights as the Secretary of State and the appropriate Minister think it expedient to confer on them.

• (6) Where, by virtue of this section or of an order of Ministers thereunder, statutory undertakers have the right to execute works for the removal or re-siting-of apparatus, they may arrange with the acquiring or appropriating authority for the works to be carried out by that authority, under the superintendence of the undertakers, instead of by the undertakers themselves.

Extension or modification of functions of statutory undertakers

233

• (1) The powers conferred by this section shall be exercisable where, on a representation made by statutory undertakers, it appears to the Secretary of State and the appropriate Minister to be expedient that the powers and duties of those undertakers should be extended or modified, in order—

• (a) to secure the provision of services which would not otherwise be provided, or satisfactorily provided, for any purpose in connection with which a local authority or Minister may be authorised under Part VI of this Act to acquire land or in connection with which any such person may compulsorily acquire land under any other enactment; or

• (b) to facilitate an adjustment of the carrying on of the undertaking necessitated by any of the acts and events mentioned in subsection (2) of this section.

• (2) The said acts and events are—

• (a) the acquisition under Part VI of this Act or compulsorily under any other enactment of any land in which an interest was held, or which was used, for the purpose of the carrying on of the undertaking of the statutory undertakers in question;

• (b) the extinguishment of a right or the imposition of any requirement by virtue of section 230 of this Act;

• (c) a decision on an application made by the statutory undertakers for planning permission to develop any such land as is mentioned in paragraph (a) of this subsection;

• (d) the revocation or modification of planning permission granted on any such application;

• (e) the making of an order under section 51 of this Act in relation to any such land.

• (3) The powers conferred by this section shall also be exercisable where, on a representation made by a local authority or Minister, it appears to the Secretary of State and the appropriate Minister to be expedient that the powers and duties of statutory undertakers should be extended or modified, in order to secure the provision of new services, or the extension of existing services, for any purpose in connection with which the local authority or Minister making the representation may be authorised under Part VI of this Act to acquire land or in connection with which the local authority or Minister may compulsorily acquire land under any other enactment.

• (4) Where the powers conferred by this section are exercisable, the Secretary of State and the appropriate Minister may, if they think fit, by order provide for such extension or modification of the powers and duties of the statutory undertakers as appears to them to be requisite in order to secure the services in question, as mentioned in subsection (1)(a) or (3) of this section, or to secure the adjustment in question, as mentioned in subsection (1)(b) of this section, as the case may be.

• (5) Without prejudice to the generality of subsection (4) of this section, an order under this section may make provision—

• (a) for empowering the statutory undertakers to acquire (whether compulsorily or by agreement) any land specified in the order, and to erect or construct any buildings or works so specified ;

• (b) for applying, in relation to the acquisition of any such land or the construction of any such works, enactments relating to the acquisition of land and the construction of works;

• (c) where it has been represented that the making of the order is expedient for the purposes mentioned in subsection (1)(a) or (3) of this section, for giving effect to such financial arrangements between the local authority or Minister and the statutory undertakers as they may agree, or as, in default of agreement, may be determined to be equitable in such manner and by such tribunal as may be specified in the order;

• (d) for such incidental and supplemental matters as appear to the Secretary of State and the appropriate Minister to be expedient for the purposes of the order.

Procedure in relation to orders under s.233

234

• (1) As soon as may be after making such a representation as is mentioned in subsection (1) or subsection (3) of section 233 of this Act—

• (a) the statutory undertakers, in a case falling within subsection (if of that section ; or

• (b) the local authority or Minister making the representation, in a case falling within subsection (3) thereof,

shall publish, in such form and manner as may be directed by the Secretary of State and the appropriate Minister, a notice giving such particulars as may be so directed of the matters to which the representation relates, and specifying the time within which, and the manner in which, objections to the making of an order on the representation may be made, and shall also, if it is so directed by the Secretary of State and the appropriate Minister, serve a like notice on such persons, or persons of such classes, as may be so directed.

• (2) Orders under section 233 of this Act shall be subject to special parliamentary procedure.

Relief of statutory undertakers from obligations rendered impracticable

235

• (1) Where, on a representation made by statutory undertakers, the appropriate Minister is satisfied that the fulfilment of any obligation incurred by those undertakers in connection with the carrying on of their undertaking has been rendered impracticable by an act or event to which this subsection applies, the appropriate Minister may, if he thinks fit, by order direct that the statutory undertakers shall be relieved of the fulfilment of that obligation, either absolutely or to such extent as may be specified in the order.

• (2) Subsection (1) of this section applies to the following acts and events, that is to say—

• (a) the compulsory acquisition under Part VI of this Act or under any other enactment of any land in which an interest was held, or which was used, for the purpose of the carrying on of the undertaking of the statutory undertakers; and

• (b) the acts and events specified in section 23 3 (2)(b) to (e) of this Act.

• (3) As soon as may be after making a representation to the appropriate Minister under subsection (1) of this section, the statutory undertakers shall, as may be directed by the appropriate Minister, either publish (in such form and manner as may be so directed) a notice giving such particulars as may be so directed of the matters to which the representation relates, and specifying the time within which, and the manner in which, objections to the making of an order on the representation may be made, or serve such a notice on such persons, or persons of such classes, as may be so directed, or both publish and serve such notices.

• (4) If any objection to the making of an order under this section is duly made and is not withdrawn before the order is made, the order shall be subject to special parliamentary procedure.

• (5) Immediately after an order is made under this section by the appropriate Minister, he shall publish a notice stating that the order has been made and naming a place where a copy of it may be seen at all reasonable hours, and shall serve a like notice—

• (a) on any person who duly made an objection to the order and has sent to the appropriate Minister a request in writing to serve him with the notice required by this subsection, specifying an address for service; and

• (b) on such other persons (if any) as the appropriate Minister thinks fit.

• (6) Subject to subsection (7) of this section, and to the provisions of Part XII of this Act, an order under this section shall become operative on the date on which the notice required by subsection (5) of this section is first published.

• (7) Where in accordance with subsection (4) of this section the order is subject to special parliamentary procedure, subsection (6) of this section shall not apply.

Objections to orders under ss.233 and 235

236

• (1) For the purposes of sections 233 and 235 of this Act, an objection to the making of an order thereunder shall not be treated as duly made unless—

• (a) the objection is made within the time and in the manner specified in the notice required by the section under which the order is proposed to be made; and

• (b) a statement in writing of the grounds of the objection is comprised in or submitted with the objection.

• (2) Where an objection to the making of such an order is duly made in accordance with subsection (1) of this section and is not withdrawn, the following provisions of this section shall have effect in relation thereto:

Provided that, in the application of those provisions to an order under section 233 of this Act, any reference to the appropriate Minister shall be construed as a reference to the Secretary of State and the appropriate Minister.

• (3) Unless the appropriate Minister decides apart from the objection not to make the order, or decides to make a modification which is agreed to by the objector as meeting the objection, the appropriate Minister, before making a final decision, shall consider the grounds of the objection as set out in the statement, and may, if he thinks fit, require the objector to submit within a specified period a further statement in writing as to any of the matters to which the objection relates.

• (4) In so far as the appropriate Minister, after considering the grounds of the objection as set out in the original statement and in any such further statement, is satisfied that the objection relates to a matter which can be dealt with in the assessment of compensation, the appropriate Minister may treat the objection as irrelevant for the purpose of making a final decision.

• (5) If, after considering the grounds of the objection as set out in the original statement and in any such further statement, the appropriate Minister is satisfied that, for the purpose of making a final decision, he is sufficiently informed as to the matters to which the objection relates, or if, where a further statement has been required, it is not submitted within the specified period, the appropriate Minister may make a final decision without further investigation as to those matters.

• (6) Subject to subsections (4) and (5) of this section, the appropriate Minister, before making a final decision, shall afford to the objector an opportunity of appearing before, and being heard by, a person appointed for the purpose by the appropriate Minister; and if the objector avails himself of that opportunity, the appropriate Minister shall afford an opportunity of appearing and being heard on the same occasion to the statutory undertakers, local authority or Minister on whose representation the order is proposed to be made, and to any other persons to whom it appears to the appropriate Minister to be expedient to afford such an opportunity.

• (7) Notwithstanding anything in the preceding provisions of this section, if it appears to the appropriate Minister that the matters to which the objection relates are such as to require investigation by public local inquiry before he makes a final decision, he shall cause such an inquiry to be held ; and where he determines to cause such an inquiry to be held, any of the requirements of those provisions to which effect has not been given at the time of that determination shall be dispensed with.

• (8) In this section any reference to making a final decision, in relation to an order, is a reference to deciding whether to make the order or what modification (if any) ought to be made.

Compensation

Right to compensation in respect of certain decisions and orders

237

• (1) Statutory undertakers shall, subject to the following provisions of this Part of this Act, be entitled to compensation from the local planning authority—

• (a) in respect of any decision made in accordance with section 225 of this Act whereby planning permission to develop operational land of those undertakers is refused or is granted subject to conditions where—

• (i) planning permission for that development would have been granted by a development order but for a direction given under such an order that planning permission so granted should not apply to the development; and

• (ii) it is not development which has received specific parliamentary approval (within the meaning given to that expression by section 223(3) of this Act);

• (b) in respect of any order under section 45 of this Act, as modified by section 227 thereof, whereby planning permission, granted on the application of those undertakers for the development of any such land, is revoked or modified.

• (2) Where, by virtue of section 230 of this Act, any right vested in or belonging to statutory undertakers is extinguished, or any requirement is imposed on statutory undertakers, those undertakers shall be entitled to compensation from the acquiring or appropriating authority at whose instance the right was extinguished or the requirement imposed.

• (3) Where works are carried out for the removal or re-siting of statutory undertakers' apparatus, being works which the undertakers have the right to carry out by virtue of section 232 of this Act or an order of Ministers thereunder, the undertakers shall be entitled to compensation from the acquiring or appropriating authority.

• (4) Notwithstanding anything in subsection (1) of this section, if the decision or order in question relates to land acquired by the statutory undertakers after 7th January 1947, and the Secretary of State and the appropriate Minister are satisfied, having regard to the nature, situation and existing development of the land and of any neighbouring land, and to any other material considerations, that it is unreasonable that compensation should be recovered in respect of that decision or order, they may include therein a direction that subsection (1) of this section shall not apply to that decision or order.

• (5) For the purposes of this section the conditions referred to in sections 41 and 42 of this Act shall be disregarded and no compensation shall be payable under this section in respect of the imposition of any condition to which section 71 or 82 of this Act applies.

Measure of compensation to statutory undertakers

238

• (1) Where statutory undertakers are entitled to compensation—

• (a) as mentioned in subsection (1), (2) or (3) of section 237 of this Act; or

• (b) under the provisions of section 170 in respect of an order made under section 51 of this Act as modified by section 228 thereof; or

• (c) in respect of a compulsory acquisition of land which has been acquired by those undertakers for the purposes of their undertaking, where the first-mentioned acquisition is effected under a compulsory purchase order confirmed or made without the appropriate Minister's certificate,

the amount of the compensation shall (subject to section 239 of this Act) be an amount calculated in accordance with the following provisions of this section.

• (2) The said amount, subject to subsections (3) and (4) of this section, shall be the aggregate of the following amounts, that is to say—

• (a) the amount of any expenditure reasonably incurred in acquiring land, providing apparatus, erecting buildings or doing work for the purpose of any adjustment of the carrying on of the undertaking rendered necessary by the proceeding giving rise to compensation ;

• (b) whichever of the following is applicable, namely—

• (i) where such an adjustment is made, the estimated amount of any decrease in net receipts from the carrying on of the undertaking pending the adjustment, in so far as the decrease is directly attributable to the proceeding giving rise to compensation, together with such amount as appears reasonable compensation for any estimated decrease in net receipts from the carrying on of the undertaking in the period after the adjustment has been completed, in so far as the decrease is directly attributable to the adjustment;

• (ii) where no such adjustment is made, such amount as appears reasonable compensation for any estimated decrease in net receipts from the carrying on of the undertaking which is directly attributable to the proceeding giving rise to compensation;

• (c) where the compensation is under section 237(2) of this Act, and is in respect of the imposition of a requirement to remove apparatus, the amount of any expenditure reasonably incurred by the statutory undertakers in complying with the requirement, reduced by the value after removal of the apparatus removed.

• (3) Where any such adjustment as is mentioned in paragraph (a) of subsection (2) of this section is made, the aggregate amount mentioned in that subsection shall be reduced by such amount (if any) as appears to the Lands Tribunal to be appropriate to offset—

• (a) the estimated value of any property (whether moveable or immoveable) belonging to the statutory undertakers and used for the carrying on of their undertaking which, in consequence of the adjustment, ceases to be so used, in so far as the value of the property has not been taken into account under paragraph (c) of that subsection; and

• (b) the estimated amount of any increase in net receipts from the carrying on of the undertaking in the period after the adjustment has been completed, in so far as that amount has not been taken into account under paragraph (b) of that subsection and is directly attributable to the adjustment,

and by any further amount which appears to the Lands Tribunal to be appropriate, having regard to any increase in the capital value of immoveable property belonging to the statutory undertakers which is directly attributable to the adjustment, allowance being made for any reduction made under paragraph (b) of this subsection.

• (4) Where the compensation is under section 237(3) of this Act and the acquiring or appropriating authority carry out the works, then, in addition to any reduction falling to be made under subsection (3) of this section, the aggregate amount mentioned in subsection (2) of this section shall be reduced by the actual cost to the authority of carrying out the works.

• (5) References in this section to a decrease in net receipts shall be construed as references to the amount by which a balance of receipts over expenditure is decreased, or a balance of expenditure over receipts is increased, or, where a balance of receipts over expenditure is converted into a balance of expenditure over receipts, as references to the aggregate of the two balances; and references to an increase in net receipts shall be construed accordingly.

• (6) In this section—

• " proceeding giving rise to compensation " means— except in relation to compensation under section 237(3) of this Act, the particular action (that is to say, the decision, order, extinguishment of a right, imposition of a requirement, or acquisition) in respect of which compensation falls to be assessed, as distinct from any development or project in connection with which that action may have been taken; in relation to compensation under the said section 237(3), the circumstances making it necessary for the apparatus in question to be removed or re-sited;

• " the appropriate Minister's certificate " has the same meaning as in section 229 of this Act.

Exclusion of s.238 at option of statutory undertakers

239

• (1) Where statutory undertakers are entitled to compensation in respect of such a compulsory acquisition as is mentioned in section 238(1)(c) of this Act, the statutory undertakers may by notice in writing under this section elect that the compensation shall be ascertained in accordance with the enactments (other than rule (5) of the rules set out in section 5 of the Land Compensation Act 1961) which would be applicable apart from section 238 of this Act; and if the undertakers so elect the compensation shall be ascertained accordingly.

• (2) Ah election under this section may be made either in respect of the whole of the land comprised in the compulsory acquisition in question or in respect of part of that land.

• (3) Any notice under this section shall be given to the acquiring authority before the end of the period of two months from the date of service of notice to treat in respect of the interest of the statutory undertakers.

Procedure for assessing compensation where s.238 applies

240

• (1) Where the amount of any such compensation as is mentioned in subsection (1) of section 238 of this Act falls to be ascertained in accordance with the provisions of that section, the compensation shall, in default of agreement, be assessed by the Lands Tribunal, if apart from this section it would not fall to be so assessed.

• (2) For the purposes of any proceedings arising before the Lands Tribunal in respect of compensation falling to be ascertained as mentioned in subsection (1) of this section, the provisions of sections 2 and 4 of the Land Compensation Act 1961 shall apply as they apply to proceedings on a question referred to the Tribunal under section 1 of that Act, but with the substitution in section 4 of that Act, for references to the acquiring authority, of references to the person from whom the compensation is claimed.

Supplementary provisions

Special provisions as to display of advertisements on operational land

241

• (1) The provisions of this Part of this Act specified in subsection (2) of this section do not apply in relation to the display of advertisements on operational land of statutory undertakers.

• (2) The said provisions are sections 225 to 228 and 237(1) and (4) of this Act.

PART XII — Validity of Planning Instruments and Decisions and Proceedings Relating Thereto

Validity of development plans and certain orders, decisions and directions

242

• (1) Except as provided by the following provisions of this Part of this Act, the validity of—

• (a) a structure plan, a local plan or any alteration, repeal or replacement of any such plan, whether before or after the plan, alteration, repeal or replacement has been approved or adopted ; or

• (b) an order under any provision of Part X of this Act except section 214(1)(a), whether before or after the order has been made ; or

• (c) an order under section 235 of this Act, whether before or after the order has been made; or

• (d) any such order as is mentioned in subsection (2) of this section, whether before or after it has been confirmed; or

• (e) any such action on the part of the Secretary of State as is mentioned in subsection (3) of this section,

shall not be questioned in any legal proceedings whatsoever.

• (2) The orders referred to in subsection (1)(d) of this section are orders of any of the following descriptions, that is to say—

• (a) any order under section 45 of this Act or under the provisions of that section as applied by or under any other provision of this Act;

• (b) any order under section 51 of this Act;

• (c) any tree preservation order;

• (d) any order made in pursuance of section 63(4) of this Act;

• (e) any order under Part II of Schedule 11 to this Act.

• (3) The action referred to in subsection (1)(e) of this section is action on the part of the Secretary of State of any of the following descriptions, that is to say—

• (a) any decision of the Secretary of State on an application for planning permission referred to him under section 35 of this Act;

• (b) any decision of the Secretary of State on an appeal under section 36 of this Act;

• (c) the giving by the Secretary of State of any direction under section 38 of this Act;

• (d) any decision by the Secretary of State to confirm a completion notice under section 44 of this Act;

• (e) any decision of the Secretary of State relating to an application for consent under a tree preservation order, or relating to an application for consent under any regulations made in accordance with section 63 of this Act, or relating to any certificate or direction under any such order or regulations, whether it is a decision of the Secretary of State on appeal or a decision on an application referred to him for determination in the first instance;

• (f) any decision of the Secretary of State to grant planning permission under section 88 (5)(a) of this Act;

• (g) any decision of the Secretary of State on an application for an established use certificate referred to him under subsection (1) of section 95 of this Act or on an appeal under subsection (2) of that section;

• (h) any decision of the Secretary of State under subsection (5) (a) of section 97 of this Act to grant listed building consent for any works or under subsection (5)(b) of that section to grant planning permission in respect of any works;

• (i) any decision of the Secretary of State to confirm a purchase notice or listed building purchase notice;

• (j) any decision of the Secretary of State not to confirm a purchase notice or fisted building purchase notice, including any decision not to confirm such a notice in respect of part of the land to which it relates, and including any decision to grant any permission, or give any direction, in lieu of confirming such a notice, either wholly or in part;

• (k) any decision of the Secretary of State on an application referred to him under paragraph 4 of Schedule 11 to this Act (being an application for listed building consent for any works) or on an appeal under paragraph 8 of that Schedule.

• (4) Nothing in this section shall affect the exercise of any jurisdiction of any court in respect of any refusal or failure on the part of the Secretary of State to take any such action as is mentioned in subsection (3) of this section.

Validity of enforcement notices and similar notices

243

• (1) Subject to the provisions of this section—

• (a) the validity of an enforcement notice shall not, except by way of an appeal under Part V of this Act, be questioned in any proceedings whatsoever on any of the grounds specified in section 88 (1)(b) to (e) of this Act;

• (b) the validity of a listed building enforcement notice shall not, except by way of an appeal under Part V of this Act, be questioned in any proceedings whatsoever on any of the grounds specified in section 97(1) (b) or (e) of this Act.

• (2) Subsection (1)(a) of this section shall not apply to proceedings brought under section 89(5) of this Act against a person who—

• (a) has held an interest in the land since before the enforcement notice was served under Part V of this Act; and

• (b) did not have the enforcement notice served on him thereunder; and

• (c) satisfies the court that—

• (i) he did not know and could not reasonably have been expected to know that the enforcement notice had been served ; and

• (ii) his interests have been substantially prejudiced by the failure to serve him.

• (3) Subject to subsection (4) of this section, the validity of a notice which has been served under section 65 of this Act on the owner and occupier of the land shall not, except by way of an appeal under Part V of this Act, be questioned in any proceedings whatsoever on any of the grounds specified in section 105(1)(a) to (c) of this Act.

• (4) Subsection (3) of this section shall not apply to proceedings brought under section 104 of this Act against a person on whom the notice referred to in that subsection was not served, but who has held an interest in the land since before that notice was served on the owner and occupier of the land, if he did not appeal against the notice under Part V of this Act.

• (5) The validity of a notice purporting to be an enforcement notice shall not depend on whether any non-compliance to which the notice relates was a non-compliance with conditions, or with limitations, or with both; and any reference in such a notice to non-compliance with conditions or limitations (whether both expressions are used in the notice or only one of them) shall be construed as a reference to non-compliance with conditions, or with limitations, or both with conditions and limitations, as the case may require.

Proceedings for questioning validity of development plans and certain orders under Parts X and XI

244

• (1) If any person aggrieved by a structure plan or local plan or by any alteration, repeal or replacement of any such plan desires to question the validity of the plan, alteration, repeal or replacement on the ground that it is not within the powers conferred by Part II of this Act, or that any requirement of the said Part II or of any regulations made thereunder has not been complied with in relation to the approval or adoption of the plan, alteration, repeal or replacement, he may, within six weeks from the date of the publication of the first notice of the approval or adoption of the plan, alteration, repeal or replacement required by regulations under section 18 (1) of this Act, make an application to the High Court under this section.

• (2) On any application under this section the High Court—

• (a) may by interim order wholly or in part suspend the operation of the plan, alteration, repeal or replacement either generally or in so far as it affects any property of the applicant, until the final determination of the proceedings;

• (b) if satisfied that the plan, alteration; repeal or replacement is wholly or to any extent outside the powers conferred by Part II of this Act, or that the interests of the applicant have been substantially prejudiced by the failure to comply with any requirement of the said Part II or of any regulations made thereunder, may wholly or in part quash the plan, alteration, repeal or replacement, as the case may be, either generally or in so far as it affects any property of the applicant.

• (3) The preceding provisions of this section shall apply, subject to any necessary modifications, to an order under section 209, 211, 212 or 214(1)(a) of this Act as they apply to a structure plan, and as if, in subsection (1) of this section, for the reference to the notice therein mentioned, there were substituted a reference to the notice required by section 215(7) of this Act.

• (4) The said provisions shall apply, subject to any necessary modifications, to an order under section 210 or 214(1) (b) of this Act as they apply to a structure plan, and as if, in subsection (1) of this section, for the reference to the date on which the notice therein mentioned is first published there were substituted a reference to the date on which the notice required by paragraph 6 of Schedule 20 to this Act is first published in accordance with that paragraph.

• (5) Subsections (1) and (2) of this section shall apply, subject to any necessary modifications, to an order under section 235 of this Act as they apply to a structure plan.

Proceedings for questioning validity of other orders, decisions and directions

245

• (1) If any person—

• (a) is aggrieved by any order to which this section applies and desires to question the validity of that order, on the grounds that the order is not within the powers of this Act, or that any of the relevant requirements have not been complied with in relation to that order; or

• (b) is aggrieved by any action on the part of the Secretary of State to which this section applies and desires to question the validity of that action, on the grounds that the action is not within the powers of this Act, or that any of the relevant requirements have not been complied with in relation to that action,

he may, within six weeks from the date on which the order is confirmed or the action is taken, as the case may be, make an application to the High Court under this section.

• (2) Without prejudice to subsection (1) of this section, if the authority directly concerned with any order to which this section applies, or with any action on the part of the Secretary of State to which this section applies, desire to question the validity of that order or action on any of the grounds mentioned in subsection (1) of this section, the authority may, within six weeks from the date on which the order is confirmed or the action is taken, as the case may be, make an application to the High Court under this section.

• (3) This section applies to any such order as is mentioned in subsection (2) of section 242 of this Act and to any such action on the part of the Secretary of State as is mentioned in subsection (3) of that section.

• (4) On any application under this section the High Court—

• (a) may by interim order suspend the operation of the order or action, the validity whereof is questioned by the application, until the final determination of the proceedings;

• (b) if satisfied that the order or action in question 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 of the relevant requirements in relation thereto, may quash that order or action:

Provided that paragraph (a) of this subsection shall not apply to applications questioning the validity of tree preservation orders.

• (5) In relation to a tree preservation order, or to an order made in pursuance of section 63(4) of this Act, the powers conferred on the High Court by subsection (4) of this section shall be exercisable by way of quashing or (where applicable) suspending the operation of the order either in whole or in part, as the court may determine.

• (6) References in this section to the confirmation of an order include the confirmation of an order subject to modifications as well as the confirmation of an order in the form in which it was made.

• (7) In this section "the relevant requirements", in relation to any order or action to which this section applies, means any requirements of this Act or of the Tribunals and Inquiries Act 1971 (or any enactment replaced thereby), or of any order, regulations or rules made under this Act or under that Act (or any such enactment) which are applicable to that order or action, and any reference to the authority directly concerned with any order or action to which this section applies—

• (a) in relation to an order made by a local authority other than the local planning authority, and in relation to any decision of the Secretary of State on appeal from a decision made by such a local authority, is a reference to that local authority ;

• (b) in relation to any such decision as is mentioned in section 242(3)(i) or (j) of this Act, is a reference to the council on whom the notice in question was served, and, in a case where the Secretary of State has modified such a notice, wholly or in part, by substituting another local authority or statutory undertakers for that council, includes a reference to that local authority or those statutory undertakers;

• (c) in any other case, is a reference to the local planning authority:

Provided that if, in a case falling within paragraph (a) of this subsection, the order or decision in question was made in the exercise of functions delegated to the other local authority by the local planning authority, and it is agreed between the two authorities that the local planning authority shall act in the matter, the reference shall be construed as a reference to the local planning authority.

Appeals to High Court relating to enforcement notices and similar notices

246

• (1) Where the Secretary of State gives a decision in proceedings on an appeal under Part V of this Act against—

• (a) an enforcement notice;

• (b) a listed building enforcement notice ; or

• (c) a notice under section 103 of this Act,

the appellant or the local planning authority or any person (other than the appellant) on whom the notice was served may, according as rules of court may provide, either appeal to the High Court against the decision on a point of law or require the Secretary of State to state and sign a case for the opinion of the High Court.

• (2) At any stage of the proceedings on any such appeal as is mentioned in subsection (1) of this section, the Secretary of State may state any question of law arising in the course of the proceedings in the form of a special case for the decision of the High Court; and a decision of the High Court on a case stated by virtue of this subsection shall be deemed to be a judgment of the court within the meaning of section 27 of the Supreme Court of Judicature (Consolidation) Act 1925 (jurisdiction of the Court of Appeal to hear and determine appeals from any judgment of the High Court).

• (3) In relation to any proceedings in the High Court or the Court of Appeal brought by virtue of this section the power to make rules of court shall include power to make rules—

• (a) prescribing the powers of the High Court or the Court of Appeal with respect to the remitting of the matter with the opinion or direction of the court for re-hearing and determination by the Secretary of State; and

• (b) providing for the Secretary of State, either generally or in such circumstances as may be prescribed by the rules, to be treated as a party to any such proceedings and to be entitled to appear and to be heard accordingly.

• (4) Rules of court relating to any such proceedings as are mentioned in subsection (3) of this section may provide for excluding so much of section 63(1) of the said Act of 1925 as requires appeals to the High Court to be heard and determined by a Divisional Court; but no appeal to the Court of Appeal shall be brought by virtue of this section except with the leave of the High Court or the Court of Appeal.

• (5) In this section " decision " includes a direction or order, and references to the giving of a decision shall be construed accordingly.

Appeals to High Court against decisions under s.53

247

• (1) If, in the case of any decision to which this section applies, the person who made the application to which the decision relates, or the local planning authority, is dissatisfied with the decision in point of law, that person or the local planning authority (as the case may be) may, according as rules of court may provide, either appeal against the decision to the High Court or require the Secretary of State to state and sign a case for the opinion of the High Court.

• (2) This section applies to any decision of the Secretary of State—

• (a) on an application under section 53 of this Act which is referred to the Secretary of State under the provisions of section 35 of this Act as applied by that section; or

• (b) on an appeal from a decision of the local planning authority under section 53 of this Act, being an appeal brought under the provisions of section 36 of this Act as so applied.

• (3) Where an application under section 53 of this Act is made as part of an application for planning permission, the preceding provisions of this section shall have effect in relation to that application in so far as it is an application under the said section 53, but not in so far as it is an application for planning permission.

• (4) In relation to proceedings in the High Court or the Court of Appeal brought by virtue of this section, the power to make rules of court shall include power to make rules prescribing the powers of the High Court or the Court of Appeal with respect to—

• (a) the giving of any decision which might have been given by the Secretary of State ;

• (b) the remitting of the matter, with the opinion or direction of the court, for re-hearing and determination by the Secretary of State;

• (c) the giving of directions to the Secretary of State.

• (5) Rules of court relating to such proceedings as are mentioned in subsection (4) of this section may provide for excluding so much of section 63(1) of the Supreme Court of Judicature (Consolidation) Act 1925 as requires appeals to the High Court to be heard and determined by a Divisional Court; but no appeal to the Court of Appeal shall be brought by virtue of this section except with the leave of the High Court or the Court of Appeal.

• (6) Without prejudice to the preceding provisions of this section, the power to make rules of court in relation to proceedings in the High Court or the Court of Appeal brought by virtue of this section shall include power to make rules providing for the Secretary of State, either generally or in such circumstances as may be prescribed by the rules, to be treated as a party to any such proceedings and to be entitled to appear and to be heard accordingly.

Special provisions as to decisions relating to statutory undertakers

248

In relation to any action which—

• (a) apart from the provisions of Part XI of this Act, would fall to be taken by the Secretary of State, and, if so taken, would be action falling within section 242(3) of this Act; but

• (b) by virtue of Part XI of this Act, is required to be taken by the Secretary of State and the appropriate Minister,

the provisions of sections 242 and 245 of this Act shall have effect (subject to section 249 of this Act) as if any reference in those provisions to the Secretary of State were a reference to the Secretary of State and the appropriate Minister.

Special provisions as to orders subject to special parliamentary procedure

249

• (1) Where an order under section 209, 211, 212 or 235 of this Act is subject to special parliamentary procedure, then—

• (a) if the order is confirmed by Act of Parliament under section 6 of the Statutory Orders (Special Procedure) Act 1945, the provisions of sections 242 and 244 of this Act shall not apply to the order;

• (b) in any other case, section 244 of this Act shall have effect in relation to the order as if, in subsection (1) of that section, for the reference to the date therein mentioned there were substituted a reference to the date on which the order becomes operative under section 6 of the said Act of 1945.

• (2) Where by virtue of Part XI of this Act any such action as is mentioned in section 248 of this Act is required to be embodied in an order, and that order is subject to special parliamentary procedure, then—

• (a) if the order in which the action is embodied is confirmed by Act of Parliament under section 6 of the said Act of 1945, the provisions of sections 242 and 245 of this Act shall not apply;