text:
Citation and commencement
1
These Rules may be cited as the Transport and Works (Applications and Objections Procedure) Rules 1992 and shall come into force on 1st January 1993.
Interpretation
2
1
In these Rules, unless the context otherwise requires, references to sections are references to sections of the Transport and Works Act 1992 and —
“the Act” means the Transport and Works Act 1992;
“application” means an application under section 6 or the publication by the Secretary of State of a notice of a proposal to make an order by virtue of section 7 (as the case may be) and “applicant” means either a person making (or, where the context so requires, proposing to make) such an application or the Secretary of State (as the case may be);
“banks”, in relation to an inland waterway referred to in a category in Schedule 2, 5 or 6 below, has the meaning given in section 72(1) of the Land Drainage Act 1991 ;
“the Directive” means Council Directive No. 85/337/EEC ;
“environmental statement” means a document or series of documents provided for the purpose of enabling the Secretary of State to make a proper assessment of the likely impact upon the environment of the implementation of the order applied for and which shall contain both the information specified in paragraph 1 of Schedule 1 below and —
in so far as it is relevant to the particular characteristics of the application, and
if the developer may reasonably be required to compile it, having regard to current knowledge and methods of assessment,
the further information set out in paragraphs 2 and 3 of that Schedule;
“local authority” means a county council, a district council, a London borough council, the Common Council of the City of London, the Council of the Isles of Scilly and a Passenger Transport Executive;
“local planning authority” means a local planning authority within Part I of the Planning Act;
“objection” means a valid objection within the provisions of rule 16 and “objector” shall be construed accordingly;
“occupier” means a person occupying land under a tenancy for a period of more than one month (not being a statutory tenant within the meaning of the Rent Act 1977 or the Rent (Agriculture) Act 1976 ) and includes —
a statutory undertaker (not being an owner) having a right to keep equipment on, in or over land, and
a person having the right to construct or maintain, at a specific position on an inland waterway, a mooring post, gangway, landing stage or other erection or installation for a vessel (not being anything which when not in use is normally carried on the vessel);
“operator” —
in relation to a transport system, means any person carrying on an undertaking which includes the system, or any part of it, or the provision of transport services on the system; and
in relation to an inland waterway, means the navigation authority and, if different, the conservancy authority within the meaning of section 221(1) of the Water Resources Act 1991 ;
“owner”, in relation to land, means a person, other than a mortgagee not in possession, who is for the time being entitled to dispose of the fee simple of the land (whether in possession or reversion) and includes also a person holding, or entitled to the rents and profits of, the land under a lease or agreement, the unexpired term whereof exceeds three years;
“pipeline owner” means —
an owner within the meaning of section 66(1) of the Pipe-lines Act 1962 or section 33(3) of the Petroleum and Submarine Pipe-lines Act 1975 ; or
if no person has been designated as an owner pursuant to the said section 33(3), the person for the time being entitled to operate the pipeline;
“the Planning Act” means the Town and Country Planning Act 1990 ;
“public telecommunications operator” means —
a person authorised by a licence to which section 8 of the Tele- communications Act 1984 applies to run a public telecommunications system; or
a person to whom the telecommunications code has been applied pursuant to section 10 of that Act;
“relevant coastal authority” means, in relation to works situated, or proposed to be carried out, in tidal waters and not lying within the boundary of a local authority in England or Wales —
in the case of works of a non-linear nature overall, a local planning authority having an administrative boundary within 15 kilometres of the works or, where there is no such authority in respect of a given point on such works, the authority whose administrative boundary is nearest to such a point; and
in the case of works of a linear nature overall, a local planning authority having an administrative boundary within 15 kilometres of any point on the works or, where there is no such authority in respect of a given point, the authority whose administrative boundary is nearest to such a point;
“river” means any river (including any part thereof which is tidal or which has been canalised), lake, stream, ditch, culvert, drain, dyke, sluice, weir or any other passage by which water drains, other than a sewer or pipe used primarily for the drainage of a building and premises appurtenant thereto or a street, but does not include —
a canal or inland navigation which is not a canalised part of a river;
any part of the river Tweed (as defined in section 2(7) of the Water Resources Act 1991);
any part of the river Esk or river Sark at a point where either of the banks of the river is in Scotland;
any part of any tributary stream of the river Esk or river Sark at a point where either bank of such tributary stream is in Scotland;
“statutory undertaker” means —
any person authorised by an enactment to carry on a railway, tramway, trolley vehicle, guided transport, road transport, water transport, canal, inland navigation, harbour, pier, lighthouse, gas or electricity supply, hydraulic power, sewerage or water undertaking;
a pipeline owner;
a public telecommunications operator;
the Post Office;
the British Airports Authority; and
the Civil Aviation Authority;
“tidal waters” means such part of —
the territorial sea adjacent to the United Kingdom, and
the internal waters of the United Kingdom in so far as they are tidal or constitute part of the sea,
as lie within the English area (within the meaning of Article 1(2) of the Civil Jurisdiction (Offshore Activities) Order 1987 );
“transport system” means a railway, tramway or trolley vehicle system or a system using a mode of guided transport prescribed by an order made under section 2;
“the Trinity House” has the meaning given in section 742 of the Merchant Shipping Act 1894 ;
“waiver direction” has the meaning given by rule 6(1) below;
“works affecting” means works proposed to be carried out in, upon, under, over or adjacent to the land specified in the relevant category in Schedule 2, 5 or 6 below.
2
Where notice is required by these Rules to be given in a form prescribed herein, it means notice in that form (or as nearly in that form as circumstances permit) duly completed and signed.
Preliminary consultation and notification
3
1
An applicant shall, before making an application for an order authorising the carrying out of any works or the change of use of any land, consult every local planning authority having responsibility for the area or areas in which the proposed works or change of use are to be carried out for the purpose of obtaining the statement of views referred to in rule 5(6) below and, in the event of a local planning authority failing to provide such a statement within 42 days of the applicant making a written request therefor, the Secretary of State may (upon being requested to do so by the applicant) direct that local authority to supply such a statement.
2
Where an applicant proposes to make an application for an order which, if made, would authorise the works or make provision for the matters specified in any of the categories in column (1) of the table in Schedule 2 below, the applicant shall, not later than 28 days before making an application, serve upon each person named against such category in column (2) of that table a notice in the form of Form 1 in Schedule 3 below.
3
Save where an absolute waiver direction has been given under rule 6 below, the applicant shall, not later than 28 days before making an application, serve a notice in the form of Form 1 in Schedule 3 below upon —
a
every local authority in whose area a transport system, inland waterway or other works to which the proposed application relates are, or are to be, situated or every relevant coastal authority, as the case may be;
b
in the case of an application affecting land or tidal waters in, or adjacent to, England, the Nature Conservancy Council for England and the Countryside Commission; and
c
in the case of an application affecting land or tidal waters in, or adjacent to, Wales, the Countryside Council for Wales.
Form of application
4
1
Every application shall state the name of the applicant, shall give the address to which all requests for further information, notices or other documents required to be served upon the applicant under the Act or these Rules are to be sent and shall be signed by the applicant or, where the applicant is a body corporate, a director or the secretary or clerk of that body.
2
In paragraph (1) above, “director”, in relation to a body corporate whose affairs are managed by its members, means a member of that body.
3
The Secretary of State may, where he is satisfied that an applicant is likely to make regular applications, and upon receiving a request in writing to that effect, direct that a person or persons other than those specified in paragraph (1) above may be authorised to sign on behalf of that applicant.
Documents accompanying applications
5
1
Every application shall be accompanied by —
a
a draft of the proposed order;
b
a concise memorandum explaining the powers sought, and the other matters for which provision is to be made in the proposed order;
c
a declaration as to the status of the applicant if not an individual or a company regulated by the Companies Act 1985 ;
d
evidence by affidavit of compliance with the provisions of paragraphs (2) and (3) of rule 3 above (if they apply);
e
a list of all consents, permissions or licences required under other enactments for the purposes of the powers sought in the application, which at the date of the application are being sought or which have been obtained or refused, specifying for each relevant consent, permission or licence —
i
the name of the person from whom the consent, permission or licence is required;
ii
the date of the application, or of the grant or refusal of the consent, permission or licence (as the case may be); and
iii
the reference number (if any) of such application;
f
the fees prescribed by rule 14 below;
g
an environmental statement, a copy of a waiver direction or both (as the case may be);
h
a copy of any direction made under rule 12;
i
three copies of the application and of every document required by these Rules to be submitted with it.
2
In the case of an application of a kind described in paragraph (3) below, it shall be accompanied by —
a
such of the plans and sections described in paragraphs (1) and (2) of rule 7 below as are relevant thereto;
b
an estimate of the cost of implementing the proposed order, which shall, in so far as it relates to any of the matters included in Schedule 4 below, be in the form set out in that Schedule or as nearly in that form as circumstances permit;
c
concise details of the applicant’s proposals for funding the cost of implementing the order and, in particular, for funding the cost of acquiring land which is blighted land within the meaning of section 149 of the Planning Act;
d
an estimate of the time required to complete the works for which provision is made in the draft order.
3
Paragraph (2) above applies to an application for an order providing for —
a
the construction of a transport system or inland waterway (or a part thereof);
b
the carrying out of works of a kind described in section 3(1)(b);
c
the alteration or demolition (in whole or in part) of a transport system, an inland waterway or works of a kind described in section 3(1)(b);
d
works consequential upon the abandonment or neglect of a transport system, inland waterway or works of a kind described in section 3(1)(b) (or of a part thereof); or
e
the construction, alteration, demolition or removal of a building, road, path or watercourse, or the carrying out of other works ancillary to the construction or operation of a transport system, inland waterway or works of a kind described in section 3(1)(b).
4
In the case of an application for an order authorising the compulsory acquisition of land, or the right to use land, or the compulsory extinguishment of easements and other private rights over land (including private rights of navigation over water), it shall be accompanied by the plans and the book of reference respectively described in paragraphs (3), (4), (5) and (6) of rule 7 below.
5
In the case of an application for an order providing for the extinguishment or diversion of rights of way over a public footpath, bridleway, cycle track or byway open to all traffic, it shall be accompanied by a map of a scale of not smaller than 1:2500 on which the path, way or track concerned, and in the case of a diversion, the new path, way or track, is clearly delineated.
6
In the case of an application for an order of the type described in rule 3(1) above, it shall be accompanied by a statement from every local planning authority required to be consulted thereunder giving its view as to —
a
whether the matters for which provision is made in the draft order are consistent with the provisions of the development plan (within the meaning of section 336(1) of the Planning Act) for the area of that authority; and
b
whether planning permission is required for works or other matters for which provision is made in the draft order,
and providing details of all relevant planning permissions which have been granted.
7
Where the applicant seeks a direction from the Secretary of State, under section 90(2A) of the Planning Act, that planning permission shall be deemed to be granted for all or some of the development proposed in the application, the application shall be accompanied by —
a
a request in writing specifying the development for which planning permission is sought;
b
such further maps, plans, drawings and documents as have not otherwise been submitted with the application and which are necessary to support the request for planning permission;
c
a statement as to whether it is intended that any of the following matters, namely details of —
i
siting;
ii
design;
iii
external appearance;
iv
means of access;
v
landscaping of the site;
shall be reserved for subsequent approval by the local planning authority.
8
Where the applicant seeks a direction from the Secretary of State, under section 12(2A) of the Planning (Hazardous Substances) Act 1990 , that hazardous substances consent shall be deemed to be granted, the application shall be accompanied by —
a
an application for hazardous substances consent in either Form 1 or Form 2 of the forms prescribed in Schedule 2 to the Planning (Hazardous Substances) Regulations 1992 , as the case may require;
b
the information and documentation specified in such one or more of regulations 5(1)(b), 5(2)(b) and 5(3)(b) of those Regulations as the case may require.
9
As soon as practicable after the date of an application, the applicant shall submit tothe Secretary of State evidence by affidavit of compliance with the provisions of rules 8, 9 and 10 below.
Environmental statements: provision of information and directions given by the Secretary of State
6
1
An applicant may submit a request in writing to the Secretary of State for a direction (herein referred to as a “waiver direction”) that a proposed application need not be accompanied by an environmental statement or by such part of the environmental statement as is specified in the request.
2
Such a request shall be accompanied by —
a
a plan sufficient to identify the land affected (if any);
b
a brief description of the nature and purposes of the proposed order to be sought by the applicant and of its possible effects on the environment;
c
a statement of the reasons for making the request; and
d
such other information and representations as the applicant wishes to provide or make.
3
The Secretary of State shall, not later than 28 days after receiving such a request, notify an applicant in writing of any matters on which he considers that the information provided pursuant to paragraph (2) above is insufficient to enable him to determine whether to give or refuse to give a waiver direction and the applicant shall provide such further information on these matters as the applicant is reasonably able to.
4
The Secretary of State shall determine whether to give or refuse to give a waiver direction not later than 42 days after either the date of the request or (if applicable) the date when the further information requested by the Secretary of State has been provided and any direction given may be either —
a
absolute; or
b
conditional, in accordance with paragraphs (7) and (8) below.
5
The Secretary of State may give an absolute waiver direction in respect of a class of applications for orders which provide only for matters specified in such direction where it appears to him that it is impossible or unnecessary for the applicant to submit an environmental statement with applications of that class.
6
The Secretary of State shall not give an absolute waiver direction if the proposed order would, if made, authorise a works or other project falling within either —
a
one of the classes listed in Annex I to the Directive; or
b
one of the classes listed in Annex II to the Directive where the project, by virtue of its nature, size or location, is likely to have significant effects on the environment.
7
If the Secretary of State is satisfied that it is impossible or impracticable for the applicant to provide the information specified in Schedule 1 below (hereinafter in this rule referred to as the “prescribed information”), or a part thereof, at the date of the application, he may give a waiver direction upon the following conditions, namely that —
a
the application is accompanied by such part of the prescribed information as the Secretary of State is satisfied can be provided at that time, and
b
the remainder of the prescribed information is submitted to him not later than a date specified in the direction and being not more than 42 days after the date of the application.
8
A conditional waiver direction shall include such of the further conditions specified in paragraph (13) below as appear to the Secretary of State to be appropriate.
9
Where, in the opinion of the Secretary of State, the applicant has failed to provide any part of the prescribed information, the Secretary of State shall direct the applicant (who shall comply with such direction as soon as reasonably practicable) to supply that part and such direction shall —
a
specify the form in which the said information is to be supplied, and
b
include such of the conditions specified in paragraph (13) below as appear to the Secretary of State to be appropriate.
10
Subject to paragraph (11) below, where an applicant has, pursuant to paragraph (2) or (3) of rule 3 above, served notice upon a person named in rule 3(3) or in column (2) of Schedule 2 below —
a
that person shall, if requested in writing by the applicant and subject to his being reimbursed the reasonable cost of so doing, provide to the applicant any information which that person has and which either he or the applicant considers relevant to the preparation of the environmental statement; and
b
in the event of that person failing to provide such information within 28 days of such request the Secretary of State may (upon being requested to do so by the applicant) direct that person to provide the information and he shall upon receipt of such a direction provide it forthwith.
11
Paragraph (10) above shall not require the disclosure by any person of confidential information.
12
The applicant may submit to the Secretary of State a document containing new information which is additional to, or which corrects or clarifies, the environmental statement or any part thereof but in any such case the applicant shall comply with rule 8 below as if it applied to that document and as if a reference to the submission of the document were substituted for the reference therein to the making of the application, provided that, where the Secretary of State has given notice of his intention to hold a public inquiry, no such information may be submitted to the Secretary of State under the provisions of this paragraph after the date upon which the applicant is obliged, by rules made under section 9 of the Tribunals and Inquiries Act 1992 , to serve upon the Secretary of State a full statement of the case he intends to put to the inquiry.
13
The conditions referred to in paragraphs (8) and (9) above are conditions as to —
a
the service upon other persons of any document containing any part of the prescribed information (including such service as would otherwise have been required under rule 8 below), and
b
the publication or service of notices as to the submission of any part of the prescribed information (including notices in the London Gazette and local newspapers).
14
Where an applicant requests the Secretary of State to give a waiver or other direction under the provisions of this rule and the proposed order would, if made, authorise 2 or more projects which are not interdependent, the Secretary of State may, if he considers it expedient, treat each such project separately for the purposes of paragraphs (3) to (13) above and the references above to an application or proposed application shall be construed as relating to such an individual project rather than to the application as a whole.
Plans, sections and books of reference
7
1
The plans referred to in rule 5(2)(a) above are —
a
a plan drawn to a suitable scale not smaller than 1:2500 showing clearly, in relation to existing features, the works described, or for which provision is made, in the draft order (but subject nevertheless to the provisions of paragraph (6) below);
b
if 3 or more sheets of the plan described in sub-paragraph (a) above are provided, a key plan drawn to a suitable scale showing clearly the relationship between such sheets; and
c
a plan drawn to a suitable scale not smaller than 1:50,000 (and which may be the plan described in sub-paragraph (b) above) showing clearly the general location of any works and, in particular —
i
the general line of route of a transport system, inland waterway or other works of a linear nature overall (or any part thereof) which exceeds 3 kilometres in length between its termini, and
ii
the general location, in relation to the coast or river bank, of works of a kind described in section 3(1)(b),
where provision is made for such works in the draft order; and all such plans shall contain a reference to the National Grid base or, where this is not practicable, to the latitude and longitude of the site of the proposed works.
2
The sections referred to in rule 5(2)(a) above are sections having a suitable vertical scale not smaller than 1:500 and showing, by reference to Ordnance Survey or Chart datum (but subject to the provisions of paragraph (6) below) —
a
on the same horizontal scale as the plan described at paragraph (1)(a) above, the levels of the intended works, including in particular where relevant —
i
ground levels;
ii
the height of every intended bridge, viaduct, aqueduct, embankment and elevated guideway;
iii
the depth of every intended cutting and tunnel;
iv
the levels of the bed of any tidal waters or inland waterway in which any works are intended to be situated; and
v
the height of every structure or device (including a cable) intended to be erected above, on or below the surface of, or on or beneath the bed of, tidal waters or an inland waterway;
b
on a horizontal scale not smaller than 1:500, the span and vertical clearance of every intended bridge, viaduct, aqueduct, gantry and other structure or device (including a cable) described, or for which provision is made, in the draft order; and
c
in cross-section, on a horizontal scale not smaller than 1:500 —
i
the depths and water levels of every inland waterway;
ii
the profile of every tunnel; and
iii
the proposed gradient of the carriageway on either side of every level crossing, bridge, tunnel or underpass carrying the same;
described, or for which provision is made, in the draft order.
3
The plan referred to in rule 5(4) above is a plan drawn to a suitable scale not smaller than 1:2500 (and which may be the plan described in paragraph (1)(a) above) showing clearly the land —
a
over which it is proposed to acquire powers of compulsory acquisition or rights of use;
b
over which it is proposed that easements and other private rights (including private rights of navigation over water) shall be extinguished;
c
of which the applicant is the sole owner and occupier;
d
in which there subsists a Crown or Duchy interest (within the meaning of section 25(2)) whether or not there are other interests in such land.
4
Where it is proposed in the draft order to acquire the power to make lateral deviation from the line of any proposed works, the limits of such deviation shall be clearly shown upon the plan described at paragraph (1)(a) above and the plan described at paragraph (3) above shall show clearly all land within the said limits of deviation which it is proposed shall be subject to powers of compulsory acquisition or rights of use or over which it is proposed that easements or other private rights (including private rights of navigation over water) shall be extinguished.
5
The book of reference referred to in rule 5(4) above is a book which refers to the plan described at paragraph (3) above and which (subject to the provisions of paragraph (7) below) —
a
contains the names of all the persons who were, at the beginning of a period of 28 days ending on the date of the application, the owners and occupiers of the land which it is proposed shall be subject to powers of compulsory acquisition or rights of use and of all the persons who were, at the beginning of the said period, entitled to enjoy easements and other private rights over land (including private rights of navigation over water) which it is proposed shall be extinguished; and
b
where there is a Crown interest in land, specifies the owner of that interest; and
c
specifies land —
i
the acquisition of which is subject to special parliamentary procedure; or
ii
which is Green belt land within the meaning of section 2 of the Green Belt (London and Home Counties) Act 1938 ; or
iii
for which other land is to be given in exchange; or
iv
which is such exchange land;
provided that, where the applicant has made all reasonable enquiries necessary to obtain the foregoing information, the application shall not be invalidated by reason only of an error in, or the omission of information from, the book of reference.
6
Where provision is made in a draft order for any works which are —
a
proposed to be formed or constructed for the accommodation of an owner or occupier of land adjacent to an intended transport system or inland waterway, or
b
ancillary to an intended transport system, inland waterway or works of a kind described in section 3(1)(b),
and the applicant is unable to show the detailed form or the precise position of such works at the date of the application, he shall not be obliged to show them as required by paragraph (1) or (2) above but shall give such indication of them as is reasonably practicable.
7
Where the name of an owner or occupier of land or a person enjoying rights over land cannot be ascertained after reasonable enquiry, the applicant shall not be obliged to specify such information in the book of reference but shall indicate clearly in the book of reference that this information has, or might have, been omitted therefrom.
Deposit of copy application, etc, with other persons
8
1
The applicant shall serve a copy of the application and of every document (save for those specified in rule 5(1)( f ) and (i) above) which is required by these Rules to accompany it, together with a statement containing the information set out in paragraph (5)(h) below, upon —
a
every local authority in whose area a transport system, inland waterway or other works to which the application relates is (or is to be) situated or, where the application relates only to a part of such system, waterway or works, upon every local authority in whose area such part is (or is to be) situated; and
b
every relevant coastal authority.
2
Where the application relates to works of a kind described in section 3(1)(b), the applicant shall serve a copy of the application and of every document (save for those specified in rule 5(1)( f ) and (i) above) which is required by these Rules to accompany it, together with a statement containing the information set out in paragraph (5)(h) below, upon the Trinity House.
3
In the case of an application for an order authorising the works or other matters specified in any of the categories in column (1) of the table in Schedule 5 below, the applicant shall serve upon each person named against such category in column (2) of that table a copy of the application and copies of the relevant documents, provided that the applicant shall not be obliged by virtue of this paragraph or paragraph (1) above to serve upon any of the said persons more than one copy of the same document.
4
All documents required to be served upon any person by virtue of this rule shall be so served forthwith after the making of the application.
5
In this rule, “relevant documents” means —
a
the draft of the proposed order;
b
the memorandum required by rule 5(1)(b) above;
c
a copy of any direction given under rule 12;
d
in the case of categories 1 to 6 (inclusive), 8 and 14 to 21 (inclusive) in the table in Schedule 5 below, the environmental statement and any waiver direction relating to it;
e
in the case of category 10 in the table in Schedule 5 below, the map referred to in rule 5(5) above;
f
in the case of categories 1 to 4 (inclusive), 7 and 9 to 11 (inclusive) in the table in Schedule 5 below, the estimate referred to in rule 5(2)(d) above;
g
such of the plans and sections described in rule 7 above as are required by these Rules to accompany the application and are relevant to the category of the table in Schedule 5 below under which the copy application is served; and
h
a statement specifying the capacity (or, if there is more than one, the capacities) in which the recipient is served, the period within which an objection to the application may be made and the address to which an objection is to be sent.
Publicity for application
9
1
The applicant shall, forthwith after the application has been made, publish in the London Gazette and, where the application relates to works of a kind referred to in section 3(1)(b), in Lloyd’s List a notice of the application, which shall state —
a
the name of the applicant and the address given pursuant to rule 4(1) above;
b
the name and address of the department to whose Secretary of State the application has been made;
c
concise particulars of the provisions contained in the draft order; and
d
the date of expiry of the period within which objections must be made.
2
The applicant shall publish, in the newspapers prescribed by paragraph (3) below, a notice containing the information specified in paragraph (6) below, such notice to be published on 2 separate occasions, the first publication to be not more than 14 days before, and not later than, the date of the application and the second to be not more than 7 days after such date.
3
The newspapers referred to in paragraph (2) above are —
a
in the case of an application relating to works situated, or proposed to be carried out, in tidal waters and not lying within the boundary of a local authority, a local newspaper circulating in the area of each relevant coastal authority; and
b
in every other case, a local newspaper circulating in each area in which the proposals contained in the application are intended to have effect.
4
In the case of an application for an order authorising the works or other matters specified in any of the categories in column (1) of the table in Schedule 6 below, the applicant shall, forthwith after the application has been made, serve upon each person respectively named against such category in column (2) of that table a notice containing the information specified in paragraph (6) below, and every notice served under the provisions of this paragraph shall state the capacity (or, if there is more than one, the capacities) in which the recipient of the notice is served.
5
Where the matters for which provision is made in the draft order are likely to have an impact on the environment (that is, on any of the things listed in paragraph 1(c) of Schedule 1 to these Rules) in, or in the waters adjacent to, —
a
Scotland, Northern Ireland, the Channel Islands or the Isle of Man (hereinafter in this paragraph referred to as “the Home Territories”), or
b
a foreign state which is a Contracting Party to the Convention on Environmen tal Impact Assessment in a Transboundary Context (the Espoo Convention) ,
the applicant shall publish, in such national or local newspapers circulating, respectively, in the relevant part of the Home Territories or in that foreign state as the Secretary of State may direct, a notice containing the information specified in either paragraph (1) or paragraph (6) of this rule as required by that direction.
6
The information referred to in paragraphs (2), (4) and (5) above is —
a
the name of the applicant;
b
the name and address of the department to whose Secretary of State the application is being or has been made;
c
a concise summary of the matters for which provision is, or is to be, made in the draft order (including, in a case to which paragraph (7) or (8) of rule 5 applies, a statement that deemed planning permission or hazardous substances consent, as the case may be, is being applied for);
d
where applicable, a statement that a waiver direction has been given;
e
the names of all places, within the relevant area (or as close as reasonably possible to that area), where a copy of the application and of the documents (other than those specified in rule 5(1)( f ) and (i) above) which are required by these Rules to accompany it may be inspected free of charge at all reasonable hours during a period specified in the notice, being a period of not less than 42 days from the date of the application (or intended application); and
f
a statement that, within the said period, any person may object to the making of the order by notice in writing given to the Secretary of State at the address of his department (which shall be specified) and stating the grounds of objection;
provided that, in the case of a notice required to be published in a local newspaper (whether in England and Wales or elsewhere), it shall not be necessary for the notice to give any information pursuant to sub-paragraph (c) or (e) above concerning a proposal contained in the application which is not relevant to the area in which such newspaper circulates.
7
In the case of an application for an order providing for any of the matters specified in rule 5(3) above the applicant shall, forthwith after the application has been made, post a notice in the form of Form 2 in Schedule 3 below upon, or as close as reasonably practicable to, the site of any proposed works so as to be accessible to the public and, where the proposed order makes provision for a transport system or inland waterway of a linear nature overall and exceeding 5 kilometres in length, such a notice shall be posted at intervals of not more than 5 kilometres.
8
In the case of an application for an order authorising —
a
the extinguishment of a public right of way; or
b
the stopping-up or diversion of a street or the restriction on the use of a street by any persons or traffic where it is proposed that such stopping-up, diversion or restriction shall be permanent or (in a case where the street is specifically named in the draft order) temporary;
the applicant shall, forthwith after the application has been made, post a notice in the form of Form 3 in Schedule 3 below, upon the street at, or as close as reasonably practicable to, each point of extinguishment, stopping-up, diversion or restriction.
9
In the case of an application for an order providing for the discontinuance of all railway passenger or tramway services from any station, or upon any line, to which the provisions of sections 54 and 56 of the Transport Act 1962 apply, the applicant shall, forthwith after the application has been made, post a notice in the form of Form 4 in Schedule 3 below at every station to be closed and every station directly served by the line to be closed to passenger services.
10
The applicant shall use his best endeavours to maintain every notice posted under the provisions of paragraphs (7), (8) and (9) above for a period of 42 days.
11
Copies of the draft order, the memorandum referred to in rule 5(1)(b) above and the environmental statement (or such parts of it as have been submitted either with the application or subsequently) shall be made available for sale at a reasonable price as soon as reasonably practicable after the date of the application and information as to how these documents may be purchased shall be displayed at every place at which the application and the said documents are made available for inspection.
12
Subject to the payment of a reasonable charge therefor, the applicant shall supply to any person who so requests a copy or copies of any document (other than those referred to in paragraph (11) above) required by these Rules to accompany the application.
Notices to owners and occupiers
10
1
Not later than the date of the application the applicant shall serve upon every person, other than the applicant, named in the book of reference described in rule 7(5) a notice in the form of Form 5 in Schedule 3 below.
2
In every case to which the provisions of rule 7(7) above apply, the applicant shall not later than the date of the application serve a notice in the said form in the manner provided in section 66(4).
Minor additions to, and amendments of, documentation after application made
11
1
Subject to paragraphs (2) and (3) below, the applicant may submit to the Secretary of State after the date of the application —
a
a document containing information additional to that submitted with the application, or
b
a document amending a document submitted with the application.
2
Paragraph (1) above does not apply —
a
to any document to which rule 6(12) above applies; or
b
where the amending or additional document contains, expressly or by implication, a proposal to authorise the compulsory acquisition of land or the right to use land or the compulsory extinguishment of easements or other private rights over land (including private rights of navigation over water) which was not contained in the application in question; or
c
where the amending or additional document contains, expressly or by implication, proposals which would, in the opinion of the Secretary of State, materially alter the character of the matters for which provision is made in the draft order.
3
Where the Secretary of State has given notice of his intention to hold a public local inquiry, no amending or additional document may be served under the provisions of this rule after the date upon which the applicant is obliged, by rules made under section 9 of the Tribunals and Inquiries Act 1992, to serve upon the Secretary of State a full statement of the case he intends to put to the inquiry.
4
Where an applicant submits a document under paragraph (1) above, he shall comply with rule 8 above as if it applied to that document and as if a reference to the date of submission of the document were substituted for the reference therein to the making of the application.
Waiver of requirements in relation to applications
12
1
An applicant may, at any time before or after making an application, submit a request in writing to the Secretary of State for a direction that any provision contained in rules 3, 4, 5 (except paragraph (1)( f ) and (g) thereof), 7 to 10 (inclusive) and 11(4) shall not apply (or shall apply in part only) to an application he has made or proposes to make.
2
A request made under paragraph (1) above shall state the reasons why it is made.
3
The Secretary of State may, where he is satisfied that it is impossible, impracticable or unnecessary for the applicant to comply with any relevant provision, and subject to the provisions of paragraph (4) below, direct that such provision shall not apply (or shall apply in part only) to the application.
4
Where —
a
the application in respect of which a request has been made is an amended application;
b
the Secretary of State has not at the date of the request made a determination in respect of the earlier application;
c
it appears to the Secretary of State that the applicant, in making the earlier application, has complied in all material respects with the relevant provision in relation to the amended application; and
d
the Secretary of State is satisfied that it is appropriate to do so;
the Secretary of State shall direct that such provision shall not apply to the amended application.
5
Where the Secretary of State makes a direction under paragraph (3) above, he may impose on the applicant a condition that he shall comply with the relevant provision (in whole or in part) at such later date as may be specified in the direction.
6
In this rule —
“amended application” means an application which relates to substantially the same subject-matter as an application made earlier by the same applicant, but which contains amended proposals, and “earlier application” shall be construed accordingly;
“relevant provision” means a provision which is the subject of a request made under paragraph (1) above.
Compliance with rules which would not otherwise apply
13
1
The Secretary of State may, where he considers it appropriate to do so, give general directions or directions applicable to a specified class of application requiring an applicant to comply with all or any of the provisions of rule 3 above, which, by virtue of that rule, would not otherwise apply to the applications in question.
2
The Secretary of State may, in any case where he considers it appropriate to do so, by notice in writing served upon an applicant not later than 42 days after the date of the application, require the applicant to comply with such of the provisions contained in rules 5, 7, 8, 9 and 10 above as may be specified in the notice notwithstanding that the applicant would not otherwise be obliged to comply with such provisions.
3
A notice served under the provisions of paragraph (2) above shall state the reasons why the requirement is made.
4
Where a requirement imposed under the provisions of paragraph (2) above involves the submission or service of a document or the service, publication or posting of a notice, the applicant shall comply with such requirement within such reasonable time as may be specified in the notice served under paragraph (2).
Fees for applications
14
The fees payable upon the making of an application are fees calculated in accordance with Schedule 7 below.
Orders made by the Secretary of State under section 7
15
1
The foregoing rules shall apply to a proposal by the Secretary of State to make an order under the provisions of section 7 with the following modifications.
2
The following rules shall not apply —
rule 4;
sub-paragraphs (c), (d), (e) and ( f ) of rule 5(1);
sub-paragraphs (b) and (c) of rule 5(2);
rule 5(9);
paragraphs (1), (2), (3) and (9) of rule 6;
paragraphs (1), (2), (3) and (5) of rule 12; and
rule 13.
3
In rule 6(4), for the words from “42 days” to “has been provided”, there shall be substituted the words “the date of the application”.
4
In rule 11(3), for the words from “after the date” to “intends to put to” there shall be substituted the words “less than 14 days before the date of”.
5
For paragraphs (1) to (3) of rule 12 there shall be substituted —
1
The Secretary of State may, where he is satisfied that it is impossible, impracticable or unnecessary for such a provision to be complied with, and subject to the provisions of paragraph (4) below, direct that any provision contained in rules 3, 4, 5 (except paragraph (1)(g) thereof), 7 to 10 (inclusive) and 11(4) shall not apply (or shall apply in part only) to his application.
6
A notice of a proposal to make an order published by the Secretary of State pursuant to section 7(3)(b) shall contain the address to which all objections, notices and other correspondence relating to the proposal are to be sent and a reference number to be quoted in all communications relating to such proposal.
Objections and representations: general
16
1
Subject to paragraph (2) below, no objection shall be valid unless —
a
it is made not later than 42 days after the date of the application;
b
it is in writing addressed to the Secretary of State;
c
it states the grounds of objection; and
d
it contains the objector’s name and address.
2
Where an objection relates to information supplied or documents submitted after the application pursuant to rule 6, 11(1) or 13(2) above an objection will be valid if it is made not later than 42 days after the date upon which the information is supplied or the document submitted to the Secretary of State.
3
Any person other than the applicant may submit representations other than objections to the Secretary of State not later than 42 days after the date of the application.
4
In this rule and in rules 17 to 20 below, a reference to an objection or representations includes a reference to any document submitted therewith.
Notice of objections and other representations
17
1
The Secretary of State shall, as soon as reasonably practicable after an objection has been made, or representations made pursuant to rule 16(3) have been received, serve a copy thereof upon the applicant.
2
As soon as reasonably practicable after the expiry of the period allowed for the making of objections the Secretary of State shall serve upon the applicant (where he is not the Secretary of State) a list of all objections he has received stating, in each case —
a
the name and address of the objector;
b
the date or receipt of the objection; and
c
the reference number given to the objection.
Application of written representations procedure
18
1
In this rule —
“statutory objector” means a person within section 11(4);
“the operative date” means the date falling 28 days after the expiry of the period for making objections specified in rule 16(1)(a) above.
2
Subject to paragraphs (3), (4) and (5) below, rule 19 below shall apply to an objection unless not later than the operative date the Secretary of State has —
a
given written notice in accordance with rules made under section 9 of the Tribunals and Inquiries Act 1992 that he will cause a public local inquiry to be held; or
b
given written notice to the applicant and every objector that the objection in question will be dealt with in accordance with section 11(2); or
c
informed an objector and the applicant that the objection falls within paragraph (a) or (b) of section 10(3); or
d
published a notice in the London Gazette in accordance with section 9(2) identifying the application and the proposals contained therein as being in his opinion of national significance.
3
Rule 19 below shall not apply if, not later than the operative date, a statutory objector informs the Secretary of State in writing that he wishes the objection to be referred to a public local inquiry or dealt with in accordance with section 11(2).
4
Rule 19 below shall cease to apply to an objection if after the operative date either the Secretary of State or a statutory objector, as the case may be, takes in relation to that objection one of the steps mentioned in paragraph (2) or (3) above.
5
Notwithstanding that one of the steps mentioned in paragraph (2) or (3) above has been taken, the Secretary of State may, with the consent of the applicant and every statutory objector, and after consulting such other persons as he thinks fit, direct that rule 19 below shall apply to an objection from the date of such direction provided that where any of the steps required to be taken under those rules have been taken before the date of such direction they shall not be taken again.
Procedure by written representations
19
1
Where none of the steps mentioned in paragraphs (2) and (3) of rule 18 above have been taken by the operative date, the Secretary of State shall notify the applicant, every objector and every person who has made representations pursuant to rule 16(3) above that the provisions of this rule apply.
2
The applicant, where he is not the Secretary of State, may, not later than 28 days after the date of the giving of such notification to him, submit to the Secretary of State representations upon each objection and, where the applicant is the Secretary of State, he may within the said period submit in writing his representations upon an objection to the relevant objector advising him of his rights under paragraph (4) below.
3
The Secretary of State shall, not later than 7 days after the receipt of representations from an applicant pursuant to paragraph (2) above, serve a copy upon the objector advising him of his rights under paragraph (4) below.
4
An objector may, not later than 21 days after the service of the applicant’s representations, or of a copy thereof, under paragraph (2) or (3) above, reply in writing to the Secretary of State and, where the Secretary of State is not the applicant, he shall, not later than 7 days after the receipt of such reply, serve a copy thereof upon the applicant.
5
The Secretary of State may, at any time before the making of a determination under section 13, by notice in writing require the applicant (where he is not the Secretary of State) or any objector to submit within such reasonable time as the notice may specify such further information in relation to an application or objection as the notice may specify but the Secretary of State shall, in such a case, not make a determination until he has afforded to any person whom he considers to be affected by such further information a reasonable opportunity of commenting upon it.
Submission of written objections, etc, to inquiry or hearing
20
Where the Secretary of State causes a public local inquiry to be held or gives an objector an opportunity of being heard before a person appointed by the Secretary of State, the Secretary of State shall submit every objection and all representations made pursuant to rule 16(3) above either to the inquiry inspector or to the person so appointed, as the case may be, as soon as it is reasonably practicable to do so.
Power to set later time limits
21
The Secretary of State may in a particular case allow further time for the taking of any step (including a step which he is required or enabled to take himself) which may or must be taken pursuant to these Rules and all reference to a date by which or a period within which any step is required to be taken shall be construed accordingly.
Signed by authority of the Secretary of State for Transport
Roger Freeman
Department of Transport
19th November 1992
Signed by authority of the Secretary of State for the Environment
Lord Strathclyde
Parliamentary Under-Secretary of State,
Department of the Environment
19th November 1992


type: legislation

jurisdiction: UK

text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Environmental Information Regulations 1992.
2
These Regulations shall come into force on 31st December 1992.
3
These Regulations shall extend to Great Britain only.
Construction of Regulations
2
1
These Regulations apply to any information which —
a
relates to the environment;
b
is held by a relevant person in an accessible form and otherwise than for the purposes of any judicial or legislative functions; and
c
is not (apart from these Regulations) either —
i
information which is required, in accordance with any statutory provision, to be provided on request to every person who makes a request; or
ii
information contained in records which are required, in accordance with any statutory provision, to be made available for inspection by every person who wishes to inspect them.
2
For the purposes of these Regulations information relates to the environment if, and only if, it relates to any of the following, that is to say —
a
the state of any water or air, the state of any flora or fauna, the state of any soil or the state of any natural site or other land;
b
any activities or measures (including activities giving rise to noise or any other nuisance) which adversely affect anything mentioned in sub-paragraph (a) above or are likely adversely to affect anything so mentioned;
c
any activities or administrative or other measures (including any environmental management programmes) which are designed to protect anything so men-tioned.
3
For the purposes of these Regulations the following are relevant persons, that is to say —
a
all such Ministers of the Crown, Government departments, local authorities and other persons carrying out functions of public administration at a national, regional or local level as, for the purposes of or in connection with their functions, have responsibilities in relation to the environment; and
b
any body with public responsibilities for the environment which does not fall within sub-paragraph (a) above but is under the control of a person falling within that sub-paragraph.
4
In these Regulations “information” includes anything contained in any records; “records” includes registers, reports and returns, as well as computer records and other records kept otherwise than in a document; and “statutory provision” means any provision made by or under any enactment.
Obligation to make environmental information available
3
1
Subject to the following provisions of these Regulations, a relevant person who holds any information to which these Regulations apply shall make that information available to every person who requests it.
2
It shall be the duty of every relevant person who holds information to which these Regulations apply to make such arrangements for giving effect to paragraph (1) above as secure —
a
that every request made for the purposes of that paragraph is responded to as soon as possible;
b
that no such request is responded to more than two months after it is made; and
c
that, where the response to such a request contains a refusal to make information available, the refusal is in writing and specifies the reasons for the refusal.
3
Arrangements made by a relevant person for giving effect to paragraph (1) above may include provision entitling that person to refuse a request for information in cases where a request is manifestly unreasonable or is formulated in too general a manner.
4
The arrangements made by a relevant person for giving effect to paragraph (1) above may —
a
include provision for the imposition of a charge on any person in respect of the costs reasonably attributable to the supply of information to that person in pursuance of that paragraph; and
b
make the supply of any information in pursuance of that paragraph conditional on the payment of such a charge.
5
The obligation of a relevant person to make information available in pursuance of paragraph (1) above shall not require him to make it available except in such form, and at such times and places, as may be reasonable.
6
Without prejudice to any remedies available apart from by virtue of this paragraph in respect of any failure by a relevant person to comply with the requirements of these Regulations, the obligation of such a person to make information available in pursuance of paragraph (1) above shall be a duty owed to the person who has requested the information.
7
Subject to regulation 4 below, where any statutory provision or rule of law imposes any restriction or prohibition on the disclosure of information by any person, that restriction or prohibition shall not apply to any disclosure of information in pursuance of these Regulations.
Exceptions to right to information
4
1
Nothing in these Regulations shall —
a
require the disclosure of any information which is capable of being treated as confidential; or
b
authorise or require the disclosure of any information which must be so treated.
2
For the purposes of these Regulations information is to be capable of being treated as confidential if, and only if, it is —
a
information relating to matters affecting international relations, national defence or public security;
b
information relating to, or to anything which is or has been the subject-matter of, any legal or other proceedings (whether actual or prospective);
c
information relating to the confidential deliberations of any relevant person or to the contents of any internal communications of a body corporate or other undertaking or organisation;
d
information contained in a document or other record which is still in the course of completion; or
e
information relating to matters to which any commercial or industrial confidentiality attaches or affecting any intellectual property.
3
For the purposes of these Regulations information must be treated as confidential if, and only if, in the case of any request made to a relevant person under regulation 3 above —
a
it is capable of being so treated and its disclosure in response to that request would (apart from regulation 3(7) above) contravene any statutory provision or rule of law or would involve a breach of any agreement;
b
the information is personal information contained in records held in relation to an individual who has not given his consent to its disclosure;
c
the information is held by the relevant person in consequence of having been supplied by a person who —
i
was not under, and could not have been put under, any legal obligation to supply it to the relevant person;
ii
did not supply it in circumstances such that the relevant person is entitled apart from these Regulations to disclose it; and
iii
has not consented to its disclosure; or
d
the disclosure of the information in response to that request would, in the circumstances, increase the likelihood of damage to the environment affecting anything to which the information relates.
4
Nothing in this regulation shall authorise a refusal to make available any information contained in the same record as, or otherwise held with, other information which is withheld by virtue of this regulation unless it is incapable of being separated from the other information for the purpose of making it available.
5
In this regulation “legal or other proceedings” includes any disciplinary proceedings, the proceedings at any local or other public inquiry and the proceedings at any hearing conducted by a person appointed under any enactment for the purpose of affording an opportunity to persons to make representations or objections with respect to any matter.
Existing rights to information
5
Where any information which is not information to which these Regulations apply is required under any statutory provision to be made available to any person, the arrangements made by any relevant person for giving effect to the requirements of that provision shall be such as to secure —
a
that every request for information relating to the environment which is made for the purposes of that provision is responded to as soon as possible;
b
that no such request is responded to more than two months after it is made;
c
that, where the response to such a request contains a refusal to make information available, the refusal is in writing and specifies the reasons for the refusal; and
d
that no charge that exceeds a reasonable amount is made for making information relating to the environment available in accordance with that provision.
Department of the Environment
Michael Howard
Secretary of State for the Environment
18th December 1992


text:
1
The A16 Trunk Road (Great Grimsby Borough Boundary to Toll Bar Roundabout) (Detrunking) Order 1990 is hereby amended by substituting, for sub-paragraph (ii) of article 2(2), the following sub-paragraph–
ii
“the deposited plan” means the plan numbered HA10/YHNMD1 entitled “The A16 Trunk Road (Great Grimsby Borough Boundary to Toll Bar Roundabout)” (Detrunking) Order 1990 Amendment Order 1992, signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
.
2
This Order shall come into force on 24th April 1992 and may be cited as the A16 Trunk Road (Great Grimsby Borough Boundary to Toll Bar Roundabout) (Detrunking) Order 1990 Amendment Order 1992.
Signed by authority of the Secretary of State for Transport
J. P. Henry
Regional Director, Yorkshire & Humberside Region,
Department of Transport
19th March 1992


text:
Citation and commencement
1
These Regulations may be cited as the Air Navigation (Dangerous Goods) (Fourth Amendment) Regulations 1992 and shall come into force on 1st January 1993.
Amendment of the Air Navigation (Dangerous Goods) Regulations 1985
2
The Air Navigation (Dangerous Goods) Regulations 1985 shall be amended as follows–
1
In regulation 3(1), in the definition of “Technical Instructions” for “1991-1992” there shall be substituted “1993-1994”.
2
In regulation 4(2), for the words “unless the provisions of these Regulations are complied with” there shall be substituted the words “unless the Technical Instructions have been complied with and the package of those goods is in a fit condition for carriage by air.”
3
In regulation 5(2A), the figure “5” immediately before “(2A)” shall be omitted.
4
In regulation 5(2A), for the word “Chapter” there shall be substituted the word “Chapters 4.3 and”.
5
In regulations 6, 7(4) and (5)(b) and 8(1), for the words “package containing dangerous goods” there shall be substituted the words “package of dangerous goods”.
6
In regulation 7(1) and (3), immediately after the words “any package” there shall be inserted the words “of dangerous goods”.
7
In regulation 7(2), immediately before the words “The operator of an aircraft” there shall be inserted the subparagraph letter “(c)”.
8
After regulation 10(d), there shall be added the following–
e
any document which relates to goods which the authorised person has reasonable grounds to suspect may be dangerous goods in respect of which the provisions of these Regulations have not been complied with.
Powers in relation to enforcement of the Regulations
10A
1
An authorised person may examine, take samples of and seize any goods which the authorised person has reasonable grounds to suspect may be dangerous goods in respect of which the provisions of these Regulations have not been complied with.
2
An authorised person may open or require to be opened any baggage or package which the authorised person has reasonable grounds to suspect may contain dangerous goods in respect of which the provisions of these Regulations have not been complied with.
3
a
Any sample taken or goods seized by an authorised person under this regulation shall be retained or detained respectively for so long as the Authority considers necessary in all the circumstances and shall be disposed of in such manner as the Authority considers appropriate in all the circumstances.
b
Without prejudice to the generality of sub paragraph (a) above, any sample taken or goods seized under this regulation may be retained or detained respectively:
i
for use as evidence at a trial for an offence; or
ii
for forensic examination or for investigation in connection with an offence.
Signed by authority of the Secretary of State for Transport
Caithness
Minister of State,
Department of Transport
15th December 1992


text:
Title, commencement and interpretation
1
1
This Order may be cited as the Hake (Specified Sea Areas) (Prohibition of Fishing) Order 1992 and shall come into force on 18th November 1992.
2
In this Order —
“British fishing boat” means a fishing boat which is registered in the United Kingdom, the Isle of Man or any of the Channel Islands or which, not being so registered, is British-owned;
“Community waters” means any waters which are under the sovereignty or jurisdiction of a member State;
“sea area” means the statistical sub-area or division of the International Council for the Exploration of the Sea specified in the Schedule hereto.
Prohibition
2
Fishing for hake ( Merluccius merluccius ) —
a
by any British fishing boat registered in the United Kingdom within any part of a sea area which lies within Community waters; or
b
by any other British fishing boat within any part of a sea area which lies within British fishery limits,
is prohibited during the period beginning with the date of coming into force of this Order and ending immediately before 1st January 1993.
Powers of British sea-fishery officers in relation to fishing boats
3
1
For the purpose of the enforcement of this Order a British sea-fishery officer may exercise the powers conferred by paragraphs (2) to (4) below —
a
anywhere in relation to any British fishing boat registered in the United Kingdom, and
b
in any waters adjacent to the United Kingdom and within British fishery limits in relation to any other British fishing boat.
2
He may go on board the boat, with or without persons assigned to assist him in his duties, and for that purpose may require the boat to stop and do anything else which will facilitate the boarding of the boat.
3
He may require the attendance of the master and other persons on board the boat and may make any examination and inquiry which appears to him to be necessary for the purpose mentioned in paragraph (1) above and, in particular —
a
may examine any fish on the boat and the equipment of the boat, including the fishing gear, and require persons on board the boat to do anything which appears to him to be necessary for facilitating the examination;
b
may require any person on board the boat to produce any document relating to the boat, to its fishing operations or other operations ancillary thereto or to the persons on board which is in his custody or possession and may take copies of any such document;
c
for the purpose of ascertaining whether the master, owner or charterer of the boat has committed an offence under section 5(1) or (6) of the Sea Fish (Conservation) Act 1967 as read with this Order, may search the boat for any such document and may require any person on board the boat to do anything which appears to him to be necessary for facilitating the search; and
d
where the boat is one in relation to which he has reason to suspect that such an offence has been committed, may seize and detain any such document produced to him or found on board for the purpose of enabling the document to be used as evidence in proceedings for the offence;
but nothing in sub-paragraph (d) above shall permit any document required by law to be carried on board the boat to be seized and detained except while the boat is detained in a port.
4
Where it appears to a British sea-fishery officer that a contravention of this Order has at any time taken place within British fishery limits, he may —
a
require the master of the boat in relation to which the contravention took place to take, or may himself take, the boat and its crew to the port which appears to him to be the nearest convenient port; and
b
detain or require the master to detain the boat in the port;
and where such an officer detains or requires the detention of a boat he shall serve on the master a notice in writing stating that the boat will be or is required to be detained until the notice is withdrawn by the service on the master of a further notice in writing signed by a British sea-fishery officer.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 10th November 1992.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
10th November 1992
Gwilym Jones
Parliamentary Under Secretary of State, Welsh Office
10th November 1992
Arran
Parliamentary Under Secretary of State, Northern Ireland Office
11th November 1992


text:
Citation and commencement
1
These Regulations may be cited as the Taxes (Interest Rate) (Amendment No.2) Regulations 1992 and shall come into force on 6th June 1992.
Amendments to the Taxes (Interest Rate) Regulations 1989
2
In regulation 5 of the Taxes (Interest Rate) Regulations 1989 —
a
for “6th March 1992” there shall be substituted
6th June 1992;
b
for “10.75 per cent. per annum” there shall be substituted
10.50 per cent. per annum.
Irvine Patnick
Tim Wood
Two of the Lords Commissioners of Her Majesty’s Treasury
5th June 1992


text:
1
This Order may be cited as the Export of Goods (Control) Order 1992 (Amendment) Order 1992 and shall come into force on 31st December 1992.
2
The Export of Goods (Control) Order 1992 shall be amended as follows —
a
in Article 1(2), after the definition of “Member State” there shall be added the following —
‘microorganisms’ means bacteria, viruses, mycoplasms, rickettsiae, chlamy-diae or fungi, whether natural, enhanced or modified, either in the form of isolated live cultures or as material including living material which has been deliberately inoculated or contaminated with such cultures
;
b
in Group 2 in Part III of Schedule 1, in entry B10 sub-head (b)(2)(h)(3) for “Fibrous and filamentary materials” there shall be substituted “Fibrous or filamentary materials”;
c
in Group 3 in Part III of Schedule 1 —
i
in entry 1C352, for sub-head (a)(11) there shall be substituted the following sub-head: “(a)(11) Swine vesicular disease (porcine enterovirus type 9);”;
ii
in entry 5A001 sub-head (b)(3)(a), for “sub-head (3)(a) of this entry” there shall be substituted “sub-head (b)(3)(a) of this entry”;
iii
in entry 6A003 sub-head (b)(4), for “in sub-head (a)(3) of this entry” there shall be substituted “in sub-head (a)(3) of entry 6A002”; and
d
in Schedule 2 for “Czech and Slovak Federal Republic”, from 1st January 1993, there shall be substituted the following two countries, “the Czech Republic” and “the Slovak Republic”.
M. Coolican
An Assistant Secretary,
Department of Trade and Industry
23rd December 1992


text:
Citation and commencement
1
These Regulations may be cited as the Home Energy Efficiency Grants Regulations 1992 and shall come into force on 1st April 1992.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“ the Act ” means the Social Security Act 1990;
“administering agency” means a person or body of persons for the time being appointed under regulation 17;
“applicant” means a person who has made an application under regulation 4 or, as the case may be, regulation 12;
“building in multiple occupation” has the meaning given to it by section 15(4) of the Act;
“eligible contractor” means —
the network installer registered for the locality; or
any person or body of persons listed by the administering agency for the purpose of carrying out works in the locality;
“energy advice” means advice relating to thermal insulation or to the economic and efficient use of domestic appliances or of facilities for lighting, or for space or water heating, in dwellings where work as specified in sub-paragraphs (a), (b) or (c) of paragraph (1) of regulation 5 is, or is to be, carried out;
“grant” means a grant made in accordance with regulations 3 to 10 or, as the case may be, regulations 11 to 14;
“insulated additional roof space” means roof space which has been added to the dwelling or building in multiple occupation and in all or any part of which there is insulation material of a thickness of more than 50 millimetres;
“internal door” includes any door or hatch to any roof space;
“network installer” means a person or body of persons for the time being registered for a locality under regulation 15;
“nominated contractor”, in relation to any works, means the eligible contractor specified in the form of application for a grant pursuant to sub-paragraph (a)(i) of paragraph (3) of regulation 4 or, as the case may be, sub-paragraph (a) of paragraph (3) of regulation 12;
“roof space” means space between the roof of a dwelling or building in multiple occupation and the ceiling of any room which is used or available for use for the purpose of living accommodation and which is not wholly separated from the roof by any other room; and
“works” means the work specified in paragraph (1) of regulation 5 or, as the case may be, paragraph (2) of regulation 11.
2
Unless the context otherwise requires, any reference in these Regulations to a numbered regulation is a reference to the regulation in these Regulations bearing that number; and any reference in a regulation to a numbered paragraph is a reference to the paragraph of that regulation bearing that number.
Persons who may apply for a grant
3
1
An application for a grant in respect of works in a dwelling may be entertained from a person —
a
who is the householder of and is resident in the dwelling in respect of which the application is made; and
b
who at the time of making the application is, or whose spouse with whom he or she is living is, in receipt of any income support, housing benefit, family credit, community charge benefit or disability working allowance (within the meaning of section 20 of the Social Security Act 1986 ).
2
For the purpose of this regulation —
a
“householder” means a person, who alone or jointly with others, is —
i
in England and Wales, a freeholder, lessee or tenant and “lessee” includes a sub-lessee and “tenant” includes a sub-tenant and, without prejudice to the generality of the term, includes a person who has an assured tenancy, a protected tenancy, a secure tenancy or a statutory tenancy;
ii
in Scotland, an owner or tenant and “owner” includes any person who under the Lands Clauses Acts would be enabled to sell and convey land to the promoters of an undertaking, and “tenant” includes a sub-tenant and any person who has a statutory tenancy under section 3(1) of the Rent (Scotland) Act 1984 , or who has entered into a contract to which Part VII of that Act applies, or who has a statutory assured tenancy, within the meaning of section 16(1) of the Housing (Scotland) Act 1988 ;
b
“spouse” includes a person with whom the applicant is living as husband or wife; and
c
a person shall not be treated as resident in a dwelling unless he is residing there as his only or main residence.
Application for a grant
4
1
An application for a grant in respect of works in a dwelling shall be made to the administering agency for the area, save that where the applicant intends that the works are to be undertaken by the network installer for the locality the application shall be made to that network installer.
2
An application shall be in writing, signed either by the applicant or by a person specified or of a description specified by the administering agency for the area and shall be in such form, subject to paragraph (3), as is laid down by that administering agency.
3
The form of application shall —
a
except in a case where the applicant proposes to carry out the works himself —
i
specify the name of an eligible contractor who it is proposed should carry out or arrange for the carrying out of the works; and
ii
contain a declaration signed by or on behalf of that contractor that any necessary permission for the works has been obtained;
b
in a case where the applicant proposes to carry out the works himself, state that any necessary permission for the works has been obtained;
c
state that reasonable access to the dwelling in respect of which the application is made will be given to a representative of the administering agency to inspect the dwelling and the works; and
d
state that no payment in respect of the works which are the subject of the application is being applied for or has been made under the Homes Insulation Act 1978 or section 521 of the Housing Act 1985 or section 252 of the Housing (Scotland) Act 1987 or Part VIII of the Local Government and Housing Act 1989 or section 15 of the Act.
Work for which a grant may be made
5
1
A grant may be made in respect of work in a dwelling which provides —
a
i
insulation in any roof space, other than insulated additional roof space, including the insulation of any cold water tank and any water supply, overflow and expansion pipes; and
ii
where there is no means of access to any roof space for the purpose of carrying out the work, such a means of access, including a permanent means of access, such provision being made at the same time as the provision of insulation in any roof space in accordance with sub-paragraph (a)(i); or
b
draughtproofing of external and internal doors and windows excluding kitchen and bathroom windows and insulation of any hot water tank or cylinder which is not already insulated by any means; or
c
insulation and draughtproofing as specified in sub-paragraphs (a) and (b); and
d
energy advice.
2
The work shall comply with such standards, including standards of materials and workmanship, as are laid down from time to time by the administering agency for the area with the approval of the Secretary of State.
Dwellings eligible for a grant
6
1
Any dwelling is eligible for a grant in accordance with regulations 3 to 10 except, in respect of work specified in sub-paragraphs (a) and (c) of paragraph (1) of regulation 5, a dwelling in which there is or has been at any time, during the period when the applicant has been resident in the dwelling, insulation material of a thickness of more than 50 millimetres in all or any part of any roof space.
2
A dwelling which is within the exception in paragraph (1) shall nonetheless be eligible for a grant if all the insulation material of a thickness of more than 50 millimetres in the roof space —
a
is insulating a water tank, cylinder, water supply pipe, or overflow or expansion pipe; or
b
is in insulated additional roof space.
Procedure after application to the network installer
7
1
Where an application has been made to the network installer for the locality under regulation 4, he shall consider whether there appears to be eligibility for grant.
2
If the network installer is not satisfied that there is eligibility for grant, he shall so notify the applicant in writing, return the application to the applicant and inform him that he may send the application to the administering agency for the area for determination.
3
If the network installer is satisfied that there is eligibility for grant, he shall —
a
send the application to the administering agency for the area for determination, and at the same time certify to that administering agency in writing that he has carried out such verification as to the eligibility for grant as may be laid down from time to time by that administering agency; and
b
decide whether, pending determination of the application by that administering agency, he is prepared to carry out the work on the basis that, subject to the liability of the applicant as described in (i) below, he will, in the event that that administering agency should not approve the grant, bear the cost of the work; and
i
if he is so prepared, notify the applicant in writing that he is prepared to carry out the work on the basis that, unless the application for grant is not approved or the claim not paid by the administering agency for the area on grounds of a material misrepresentation, the applicant shall be liable to pay in respect of the work only the contribution as specified in column 2 of the table in regulation 9 together with such amount as has been agreed in writing between the applicant and the network installer before the making of the application as representing the amount by which the full cost of the works exceeds the sum of the grant and the contribution; or
ii
if he is not so prepared, notify the applicant in writing that he is awaiting determination of the application by the administering agency for the area.
4
For the purpose of this regulation “material misrepresentation” means any representation by or on behalf of the applicant in respect of any of the matters relating to eligibility for grant which is false in a material particular.
Procedure after application to the administering agency
8
1
Subject to paragraph (2), on receipt of an application made under regulation 4 the administering agency for the area —
a
in considering whether to approve a grant, shall determine whether there is eligibility for grant and, if there is, whether there are sufficient funds to make payment of the grant having regard to any amounts otherwise allocated or to be allocated in accordance with these Regulations; and
b
shall exercise the function of approving grants in a manner which it considers is best calculated to ensure that claims for the payment of grant resulting from such approvals can be paid within the period referred to in sub-paragraph (c) of paragraph (1) of regulation 10.
2
Except in a case where the applicant proposes to carry out the works himself, the administering agency for the area shall not approve a grant unless it is satisfied that a contract for the carrying out of the works which contains terms specified by that administering agency has been entered into with the nominated contractor.
3
The administering agency for the area shall send written notification of whether grant has been approved —
a
to the nominated contractor; and
b
except in a case where the application has been sent by a network installer pursuant to paragraph (3) of regulation 7 and the work done by the network installer by virtue of sub-paragraph (b)(i) of paragraph (3) of regulation 7 and the grant approved by that administering agency, to the applicant.
4
When notifying the applicant that grant has not been approved, the administering agency for the area shall inform the applicant as to the reasons.
Calculation of the size of grant
9
1
The amount of any grant in respect of works at a dwelling shall be determined in accordance with the following table and paragraphs (2) and (3) —
Table
(1) (2) (3) (4) Work under regulation Applicant’s contribution Work carried out by applicant Work carried out by eligible contractor
5(1)(a) £10.70 £150.00 £188.00 5(1)(b) £7.50 £83.00 £121.00 5(1)(c) £16.00 £235.00 £289.00 5(1)(d) Nil No grant available £10.00
2
Where the work is carried out by the applicant, the grant for the work specified in column 1 of the table shall be the lesser of —
a
the sum calculated by deducting from the cost of materials used, the contribution shown in column 2 of the table; and
b
the figure shown in column 3 of the table.
3
Where the work is carried out by an eligible contractor, the grant for the work specified in column 1 of the table shall be the lesser of —
a
the sum calculated by deducting from the amount properly charged for the work, the contribution shown in column 2 of the table; and
b
the figure shown in column 4 of the table.
Claim for and payment of grant
10
1
The conditions for payment of grant in respect of works in a dwelling are that —
a
the work in respect of which a grant was approved has been completed by the nominated contractor or any sub-contractor of his, by another eligible contractor approved by the administering agency for the area for the purpose of carrying out that work or, except where the work consists of energy advice, by the applicant himself;
b
a claim in respect of that work has been made to the administering agency for the area;
c
except where the work has been carried out by a network installer, the claim referred to in sub-paragraph (b) above has been made within such period from the date on which the grant was approved as the administering agency for the area may specify;
d
the claim is in such form as is required by the administering agency for the area and contains —
i
a declaration signed either by the applicant or by a person specified or of a description specified by that administering agency that the work has been carried out;
ii
a declaration signed by or on behalf of the appropriate person that the work had not been started nor, where the applicant carried out the work himself, the materials purchased before notice was given in accordance with sub- paragraph (b)(i) of paragraph (3) of regulation 7 or received in accordance with paragraph (3) of regulation 8 as appropriate;
iii
a declaration signed by or on behalf of the appropriate person that the work complies with the standards provided for in paragraph (2) of regulation 5; and
iv
where energy advice has been given, a declaration signed by or on behalf of the appropriate person that the advice was given by a person possessing such qualifications as may have been laid down from time to time by the administering agency for the area with the approval of the Secretary of State; and
e
in any case where the administering agency for the area has inspected the dwelling, it is satisfied that the work complies with the standards provided for in paragraph (2) of regulation 5.
2
Where the conditions for payment are satisfied, the administering agency for the area shall, at such time as it may determine, pay the grant —
a
in a case where the work has been carried out by a network installer, to the network installer; and
b
in any other case to the applicant, provided that if the applicant so requests in writing that administering agency may pay the grant to any person or body of persons authorised by him to receive the payment.
3
Where the nominated contractor has carried out the work but the condition specified in sub-paragraph (e) of paragraph (1) is not satisfied and the applicant arranges for another eligible contractor (“the second contractor”) approved by the administering agency pursuant to sub-paragraph (a) of paragraph (1) to complete the work so that that condition is satisfied, the administering agency may (provided that the other conditions for payment are satisfied) —
a
pay to the second contractor the amount properly charged for the work done by him or the amount of grant calculated in accordance with regulation 9 whichever is the less; and
b
pay to the nominated contractor any balance after deducting the amount paid to the second contractor from the amount of the grant calculated in accordance with regulation 9.
4
In this regulation “the appropriate person” means the eligible contractor who carried out or arranged for the carrying out of the work in respect of which a grant has been approved, or where the work has been carried out by the applicant himself, the applicant.
Buildings in multiple occupation
11
1
An administering agency may make grants in respect of works in buildings in multiple occupation in accordance with the provisions of this regulation and regulations 12 to 14.
2
Subject to the provisions of paragraphs (3) to (5) a grant may be made in respect of work which —
a
is of the type specified in sub-paragraph (a) of paragraph (1) of regulation 5; or
b
provides draughtproofing of the external or internal doors or windows of any room used or intended for use as a bedroom, living room or dining room.
3
Paragraph (2) of regulation 5 shall apply to the works specified in paragraph (2) of this regulation as it applies to the works specified in regulation 5.
4
A building in multiple occupation is not eligible for a grant in respect of work specified in sub-paragraph (a) of paragraph (2) if there is or has at any time been, during the period when the applicant has been the person in control of the building, insulation material of a thickness of more than 50 millimetres in the whole of any roof space other than insulated additional roof space.
5
No grant shall be made unless a grant has been approved or paid pursuant to regulations 3 to 10 in respect of works in at least half of the relevant dwellings in the building in which the building in multiple occupation is situated.
6
In this regulation “person in control” in relation to a building in multiple occupation means a person who alone or jointly with others, is —
a
in England and Wales, a freeholder, lessee or tenant of the building and “lessee” includes a sub-lessee and “tenant” includes a sub-tenant;
b
in Scotland an owner or tenant of the building and owner includes any person who under the Lands Clauses Acts would be enabled to sell and convey land to the promoters of an undertaking and “tenant” includes a sub-tenant;
and “relevant dwelling” means a dwelling occupied by persons who form a single household.
Buildings in multiple occupation: application for grant
12
1
An application for a grant in respect of works in a building in multiple occupation shall be made by the person in control of the building to the administering agency for the area save that where the applicant intends that the works are to be undertaken by the network installer for the locality the application shall be made to that network installer.
2
An application shall be in writing, signed by the applicant, and shall be in such form, subject to paragraph (3), as is laid down by the administering agency for the area.
3
The form of application shall —
a
specify the name of the eligible contractor who it is proposed should carry out or arrange for the carrying out of the works;
b
state that any necessary permission for the proposed works has been obtained;
c
state that reasonable access to the building in respect of which the application is made will be given to a representative of the administering agency to inspect the building and the works; and
d
contain the statement referred to in sub-paragraph (d) of paragraph (3) of regulation 4.
4
In this regulation “person in control” in relation to a building in multiple occupation has the same meaning as in regulation 11.
Buildings in multiple occupation: procedure after application
13
1
Regulation 7 shall apply in relation to applications for grants made to the network installer for the locality under regulation 12 as it applies in relation to applications for grants made to the network installer for the locality under regulation 4, and in its application sub-paragraph (b)(i) of paragraph (3) of that regulation shall have effect as if the words “the contribution as specified in column 2 of the table in regulation 9 together with” were deleted and as if for the words “the sum of the grant and the contribution” there were substituted the words “the amount of the grant”.
2
Regulation 8 shall apply in relation to applications for grant under regulation 12 as it applies in relation to applications for grant under regulation 4.
Buildings in multiple occupation: amount, claim for and payment of grant
14
1
The amount of any grant in respect of a building in multiple occupation shall be calculated by reference to —
a
such amount per square metre, in a case where the work is of the type specified in sub-paragraph (a) of paragraph (2) of regulation 11; and
b
such amount per metre, in a case where the work is of the type specified in sub-paragraph (b) of paragraph (2) of regulation 11,
as the administering agency for the area may from time to time specify.
2
The conditions for payment of grant are that —
a
the work in respect of which a grant was approved has been completed by the nominated contractor or any sub-contractor of his, or by another eligible contractor approved by the administering agency for the area for the purpose of carrying out that work; and
b
the conditions specified in sub-paragraphs (b), (c), (d)(i) to (iii) and (e) of paragraph (1) of regulation 10 are satisfied.
3
Paragraph (2) of regulation 10 shall apply to the payment of grant pursuant to this regulation as it applies to the payment of grant pursuant to regulation 10.
Network installers
15
1
The administering agency for any area shall, in accordance with criteria laid down from time to time by the Secretary of State —
a
invite applications for registration as a network installer;
b
determine the particular locality for which each network installer within its area is to be registered;
c
select and register as the network installer, for any particular locality within its area, a person or body of persons capable of carrying out, or arranging for the carrying out of, the work specified in sub-paragraphs (a), (b) and (c) of paragraph (1) of regulation 5.
2
The administering agency shall establish procedures for the general oversight of the network installer and the verification of claims made, and information supplied, by him.
3
Any registration may be terminated by the administering agency with the approval of the Secretary of State for reasonable cause.
Allocation of amounts to network installers
16
1
A network installer shall at the request of an administering agency submit a written estimate of the works (both those specified in paragraph (1) of regulation 5 and those specified in paragraph (2) of regulation 11) which he considers he is likely to carry out during any future period.
2
An administering agency may, in respect of a future period specified by it, allocate and notify in writing to a network installer an amount which is to be the total sum available for grants in respect of works (both those specified in paragraph (1) of regulation 5 and those specified in paragraph (2) of regulation 11) to be carried out by the network installer and any sub-contractor of his during that period.
Administering agencies
17
1
The Secretary of State may in accordance with the following paragraphs appoint a person or body of persons to perform in any particular area such functions as he may confer upon that person or body, being functions specified by the Secretary of State for the purposes of, or otherwise in connection with, the making of grants (both in accordance with regulations 3 to 10 and in accordance with regulations 11 to 14).
2
The Secretary of State may allocate to an administering agency sums which are to be available to that agency in any period for the purpose of making grants (both in accordance with regulations 3 to 10 and in accordance with regulations 11 to 14) in that period, and may re-allocate any sums so allocated.
3
The appointment of, or the conferring of functions in addition to those contained in these Regulations upon an administering agency may be effected in whole or in part by or under a written contract entered into between the Secretary of State and that administering agency.
4
The Secretary of State may include such terms and conditions in any contract under paragraph (3) as he may consider appropriate, and may include terms and conditions relating to all or any of the items specified in the Schedule.
5
Nothing in these Regulations shall require the Secretary of State to allocate any sums to any administering agency and no administering agency shall allocate amounts or approve grants unless money for the purpose has been made available to it by the Secretary of State.
Revocation and transitional provisions
18
1
Subject to paragraph (2) the Home Energy Efficiency Grants Regulations 1990 are hereby revoked.
2
Those regulations shall continue to apply —
a
in any case where an application for a grant was made to a network installer before 1st April 1992; and
b
in any case where an application for a grant was made to an administering agency before 1st April 1992 if a grant in respect of that application was approved before that date.
Mr Heathcoat-Amory
Parliamentary Under-Secretary of State,
Department of Energy
29th February 1992
We consent,
Irvine Patnick
Nicholas Baker
Two of the Lords Commissioners of Her Majesty’s Treasury
4th March 1992


text:
1
The new highways which the Secretary of State proposes to construct —
a
along the route described in Schedule 1 to this Order (the highway along this route being in this Order referred to as “the main new trunk road”); and
b
along the routes described in Schedule 2 to this Order which connect the main new trunk road with other highways at the places stated in that Schedule (the highways along these routes being in this Order referred to as “the slip roads”),shall become trunk roads as from the date when this Order comes into force.
2
The centre line of each of the new trunk roads is indicated by a heavy black line on the deposited plan.
3
The Secretary of State directs as respects any part of a highway which crosses the route of any of the new trunk roads that —
a
where the highway is a highway maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority; and
b
where the highway is not a highway so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question,until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified with not be later than the date on which the relevant route is opened for the purpose of through traffic.
4
In this Order —
1
except where expressly otherwise provided, all measurements of distance are measured along the route of the relevant highway;
2
i
“the deposited plan”means the plan numbered HA10/EM69, marked “The A564 Trunk Road (Stoke — Derby Route) (Derby Southern Bypass and Slip Roads) (No 1) Order 1992”, signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
ii
“the main new trunkroad” and “the sliproads” have the meanings given in article 1 of this Order;
iii
“the new trunk roads”means the highways mentioned in article 1 of this Order;
iv
“the A38 Trunk Road”means the A38 Exeter — Leeds Trunk Road; and
v
“the A516 Trunk Road”means the A516 Nottingham — Stoke-on-Trent Trunk Road.
5
This Order shall come into force on 14th February 1992 and may be cited as the A564 Trunk Road (Stoke — Derby Route) (Derby Southern Bypass and Slip Roads) (No 1) Order 1992.
Signed by authority of the Secretary of State for Transport
D. J. Morrison
Regional Director East Midlands Region
Department of Transport
3rd February 1992