Joint Committee on Statutory Instruments Twenty-Fourth Report


APPENDIX 4

Memorandum by the Department of Trade and Industry

DEVIL'S DYKE BRIGHTON AND HOVE COMPULSORY RIGHTS ORDER 2000

  1. The Committee has requested the Department to submit a memorandum on the following point:

    "In Schedule 2, Part II, of this Order, ought not the reference in paragraph 2 to the right mentioned in paragraph 2 to be a reference to the right mentioned in paragraph 1 (of Part II of the Schedule)?"

  2. The Committee is correct: the reference in paragraph 2 of Part II of Schedule 2 to the Order should have been a reference to paragraph 1 of that Part. The Department regrets the error, which has been brought to the attention of the beneficiary of the Order.

  3. However, the Department considers that it is clear to the reader that the reference in question should have been a reference to paragraph 1 since that is the only paragraph in the Order which refers to a right to bring onto the relevant land materials, plant or apparatus by a vehicle. The Department's view is reinforced by the fact that the Fourth Schedule to the Pipe-lines Act 1962 sets out the ancillary rights which in exercise of his powers under section 12(1) of the Act, the Secretary of State may confer by a compulsory rights order. The rights set out in the Fourth Schedule to the Act make it clear what rights may be conferred as to the placing of materials etc. temporarily on the land.

26th June 2000


 
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