Home → Updates → Legal → The Transport and Works (Applications, Objections and Inquiries Procedure) (Amendment) (England and Wales) Rules 2023
The Transport and Works (Applications, Objections and Inquiries Procedure) (Amendment) (England and Wales) Rules 2023
Jurisdiction: England & Wales
Commencement: 11th August 2023
Amends: Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2006
Mini Summary
The Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2006 replace the Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2000.
They set out the application process for Orders under Part 1 of the Transport and Works Act 1992 relating to railways, tramways, and inland waterways.
Duties
Section 1 of the Transport and Works Act 1992 gives powers to the Secretary of State to make an order relating to the construction or operation of a railway, tramway, a trolley vehicle system, or a system using a model of guided transport.
Section 3 of the Transport and Works Act 1992 gives powers to the Secretary of State to make an order relating to the construction or operation of an inland waterway, or the carrying out of works which interfere with rights of navigation.
These Rules set out the application procedure for Section 1 and Section 3 orders. Applications are made by the promoters of schemes (either public authorities or private companies) to the relevant Secretary of State or to the National Assembly for Wales in respect of projects wholly in Wales.
The applicant must send to the relevant Secretary of State a draft of the proposed order and a draft of the explanatory memorandum. Where necessary, environmental information must be provided.
The application will be screened to decide whether an environmental impact assessment is necessary and what is should cover.
The applicant may seek an opinion from the relevant Secretary of State (‘a scoping opinion’) on the information to be included in the environmental statement.
All application drafts should be accompanied by the appropriate documents and fee.
The applicant must publish notice of the application to allow objections and representations to be made. A consultation may also be held on the application.
The relevant Secretary of State may make or refuse an order.
Amendment
From 11th August 2023, applications made under the Transport and Works Act 1992 may be submitted and progressed electronically, this includes public local inquiries. This has been done in order to transmit information quickly and to improve accessibility.
The Legislation Update Service is the best way to stay up to date automatically with legislation in England, Wales, Scotland, Northern Ireland and the Republic of Ireland.
Sign up for your free trial to get instant access.
These summaries (The Compliance People Materials) are provided free of charge as an example of the Legislation Update Service’s content. They are not intended to constitute legal advice for any specific situation. The Compliance People Materials are general and educational in nature and may not apply to the specific facts and circumstances of individual cases. The Compliance People does not accept any responsibility for action taken by you or any User as a result of any The Compliance People Materials provided by us. You should take specific legal advice when dealing with specific situations.