Office of Public Sector Information

PART 5 MODIFICATION OF ORDERS

Modification of orders

27.—(1) This rule applies where the Secretary of State has given notice of his proposal to modify an order under—

(a) paragraph 2(3)(a) of Schedule 6 to the 1980 Act (provisions as to making, confirmation, validity and date of operation of certain orders relating to footpaths, bridleways and restricted byways);

(b) paragraph 8(2)(a) of Schedule 15 to the 1981 Act (procedure in connection with certain orders under Part III); or

(c) paragraph 3(6)(a) of Schedule 14 to the 1990 Act (procedure for footpaths and bridleways orders).

(2) Where in accordance with the notice referred to in paragraph (1) any person has duly made and not withdrawn any representation or objection with respect to the proposal to modify the order, the Secretary of State shall give notice to—

(a) the persons referred to in rule 4(4); and

(b) any person who has duly made and not withdrawn any representation or objection with respect to the proposal to modify the order.

(3) Rule 4(3) shall apply to a notice given under paragraph (2) of this rule as it applies to a notice given under rule 4(1), but the notice given under paragraph (2) of this rule shall also describe the effect of the Secretary of State’s proposal to modify the order.

(4) Rules 4(7) and 5 to 14 shall apply to hearings afforded by the Secretary of State in accordance with paragraph 2(3) of Schedule 6 to the 1980 Act(19) (provisions as to making, confirmation, validity and date of operation of certain orders relating to footpaths, bridleways and restricted byways), paragraph 8(2) of Schedule 15 to the 1981 Act(20) (procedure in connection with certain orders under Part III) or paragraph 3(6) of Schedule 14 to the 1990 Act (procedure for footpaths and bridleways orders), except that—

(a) in the application of rule 4(7), the notice given shall also describe the effect of the Secretary of State’s proposal to modify the order; and

(b) in the application of rule 6, for the references in rule 6(3) and (5) to “12 weeks of the start date” there shall be substituted “eight weeks of the start date”.

(5) Rules 4(7) and 15 to 26 shall apply to inquiries caused to be held by the Secretary of State in accordance with the provisions of the 1980 Act, the 1981 Act or the 1990 Act mentioned in paragraph (4), except that—

(a) in the application of rule 4(7), the notice given shall also describe the effect of the Secretary of State’s proposal to modify the order; and

(b) in the application of rule 17, for the references in rule 17(3) and (5) to “14 weeks of the start date” there shall be substituted “eight weeks of the start date”.

PART 6 GENERAL

Further time

28.  The Secretary of State may, at any time in any particular case, allow further time for the taking of any step or the doing of any thing which is required or enabled to be taken or done by virtue of these Rules, and references in these Rules to a period within which any step or thing is required or enabled to be taken or done shall be construed accordingly.

Inspection and copying of documents

29.—(1) The authority shall afford any person who so requests an opportunity to inspect and take copies of—

(a) the order as submitted to the Secretary of State for confirmation in accordance with the provisions listed in rule 4(2)(a) to (c);

(b) any representations or objections duly made and not withdrawn in respect of the order, as mentioned in rule 4(4)(f);

(c) the notice given by the Secretary of State pursuant to rule 4(1);

(d) any statement of case mentioned in rule 6 (as regards hearings) or rule 17 (as regards inquiries);

(e) any further information received as mentioned in rule 7(3) (as regards hearings) or rule 18(3) (as regards inquiries);

(f) any representations which have been made in consequence of rules 11(5) or 12(3) (as regards hearings), and rules 23(5) or 24(3) (as regards inquiries);

(g) any relevant documents; and

(h) any other document which is in the possession of the authority and which relates to the decision of the Secretary of State or the inspector’s report in respect of the order.

(2) The inspector may—

(a) at any time, request from any person entitled or permitted to appear at the hearing or inquiry (as the case may be) copies of any document or information available to that person; and

(b) specify a reasonable time within which such copies should be received by him.

(3) Any person so requested shall ensure that the copies referred to in paragraph (2) are received by the inspector within the period specified pursuant to paragraph (2)(b).

Notices

30.  Subject to rule 31, any notice required under these Rules shall be in writing.

Use of electronic communications

31.—(1) Any requirement imposed under these Rules as to the giving or sending by one person to another of a notice or other document may be met by means of an electronic communication if—

(a) the use of such a communication results in the information contained in that notice or document being available to the other person in all material respects as it would appear in a notice or document given or sent in printed form; and

(b) the other person has consented to the information being made available to him by such means.

(2) Where, under paragraph (1), an electronic communication is used for the purposes of giving or sending a document, any requirement for the notice or document to be given or sent by a particular time shall be met in respect of an electronic communication only if the conditions mentioned in paragraph (1) are met by that time.

(3) For the purposes of paragraph (1)(a), “in all material respects” means in all respects material to an exact reproduction of the information that the notice or document would contain were it to be given or sent in printed form.

(4) In this rule, “electronic communication” has the meaning given in section 15(1) of the Electronic Communications Act 2000(21).

Transitional provision

32.  These Rules shall not apply to any hearing or inquiry held in relation to an order submitted to the Secretary of State for confirmation before the date on which these Rules come into force.