Transport (Railway Infrastructure) Act 2001

F98[Construction of certain references and transitional provision.

47F

47F.(1) References to the Minister in a railway order, being an order made before the amendment of this Act by the Planning and Development (Strategic Infrastructure) Act 2006, shall be construed as references to the Board.

(2) Notwithstanding the amendments of this Act made by the Planning and Development (Strategic Infrastructure) Act 2006, any thing commenced under this Part but not completed before the commencement of those amendments may be carried on and completed after the commencement of those amendments as if those amendments had not been made.

(3) The reference in subsection (2) to any thing commenced under this Part includes a reference to

(a) an application that has been made under section 37 (being that section in the terms as it stood before the commencement of the amendments referred to in that subsection),

(b) an application that has been made under subsection (7) of section 43 (being that section in the terms as it stood before the commencement of those amendments), and

(c) any step (including the holding of a public inquiry) that has been taken in the making of a decision in relation to an application referred to in paragraph (a) or (b) or any step that has been taken on foot of the making of such a decision.

(4) For the avoidance of doubt, any questioning, after the commencement of the amendments referred to in subsection (2), by the procedures of judicial review under the Order (within the meaning of section 47) of the validity of any thing referred to in subsection (2) completed after that commencement, or being carried on after that commencement, shall be done in accordance with the provisions of this Part as amended by the Planning and Development (Strategic Infrastructure) Act 2006.]

Annotations

Amendments:

F98

Inserted (31.01.2007) by Planning and Development (Strategic Infrastructure) Act 2006 (27/2006), s. 50, S.I. No. 684 of 2006.