Citation, commencement and interpretation

1. —(1) These Regulations may be cited as the Transport and Works (Assessment of Environmental Effects) Regulations 2006 and shall come into force on 20th April 2006.

(2) In these Regulations “the Act” means the Transport and Works Act 1992( 3 ).

Publicity of environmental information

2. —(1) After section 6(2A) of the Act there shall be inserted—

“ (2B) The power to make rules by virtue of subsection (2) above includes a power to make rules as to the publicity to be given to any environmental information provided in relation to an application made under this section. ” .

(2) For section 7(3)(b) of the Act there shall be substituted—

“ (b) publish a notice of his intention to make the order, which notice shall include such particulars as may be prescribed, in the London Gazette and in a local newspaper circulating in the area (or each of the areas) in which the proposals contained in the draft order are intended to have effect, and ” .

(3) For section 9(3)(a) of the Act there shall be substituted—

“ (a) publish a like notice in a local newspaper circulating in the area (or each of the areas) in which the proposals contained in the application are intended to have effect, and ” .

(4) For section 14(2) of the Act there shall be substituted—

“ (2) A notice under subsection (1)(a) above shall give—

(a) the reasons for the determination and the considerations upon which it is based;

(b) information about the public participation process; and

(c) information regarding the right to challenge the validity of the determination and the procedures for doing so.

(2A) A notice under subsection (1)(b) above shall state—

(a) the terms of the determination;

(b) that the notice under subsection (1)(a) above gives the information referred to in subsection (2)(a) to (c) above; and

(c) where copies of the notice under subsection (1)(a) above may be obtained. ” .

(5) For section 14(4) there shall be substituted—

“ (4) Where the Secretary of State makes a determination under section 13(1) above, the appropriate person shall publish a notice in a local newspaper circulating in the area, or in each of the areas, in which the relevant proposals are or were intended to have effect; and such notice shall state the information referred to in subsection (2A) (a) to (c) above.

(4A) In subsection (4)—

(a) in relation to an application for an order under section 1 or 3 above—

(i) “appropriate person” means the person who applied for the order;

(ii) “relevant proposals” means the proposals contained in the application;

(b) in relation to a proposal to make an order by virtue of section 7 above—

(i) “appropriate person” means the Secretary of State;

(ii) “relevant proposals” means the proposals contained in the draft order prepared by the Secretary of State pursuant to section 7. ” .