Office of Public Sector Information
SCHEDULE 6 continued PART I continued
(9) The Secretary of State may by regulations provide that section 28 above, as applied by section 121(2) above, is to have effect in cases where a public path extinguishment order, special extinguishment order, public path diversion order or special diversion order is made under section 120(3) above on an appeal under section 121D(1)(a) above, as if the reference to such one of the authorities referred to as may be nominated by the Secretary of State were a reference to such one of those authorities as may be specified in or determined in accordance with, the regulations.
(10) Subsections (2) to (4) of section 121A above shall apply in relation to any certificate purporting to comply with a requirement imposed by virtue of this section as they apply to a certificate purporting to comply with a requirement imposed by virtue of subsection (1) of that section.
(11) For the purposes of this section—
(a) a draft public path extinguishment order or special extinguishment order gives effect to an application under section 118ZA or 118C above only if the land over which the public right of way is to be extinguished by the order is that shown for the purposes of subsection (2) of section 118ZA above (or that subsection as applied by section 118C(2) above) on the map accompanying the application, and
(b) a draft public path diversion order or draft special diversion order gives effect to an application made to a council under section 119ZA or 119C above only if—
(i) the land over which the public right of way is to be extinguished by the order, and
(ii) the new site to which the highway is to be diverted,
are those shown for the purposes of subsection (4) of section 119ZA above (or that subsection as applied by section 119C(4) above) on the map accompanying the application.
(12) In this section “prescribed” means prescribed by regulations made by the Secretary of State.”
16 After section 135 of the 1980 Act there is inserted—
(1) Where works of a prescribed description are likely to cause danger to users of a footpath or bridleway which passes over any land, the occupier of the land may, subject to the provisions of this section, temporarily divert—
(a) so much of the footpath or bridleway as passes over that land, and
(b) so far as is requisite for effecting that diversion, so much of the footpath or bridleway as passes over other land occupied by him.
(2) A person may not under this section divert any part of a footpath or bridleway if—
(a) the period or periods for which that part has been diverted under this section, and
(b) the period or periods for which any other part of the same footpath or bridleway passing over land occupied by him has been diverted under this section,
amount in aggregate to more than fourteen days in any one calendar year.
(3) Where a person diverts a footpath or bridleway under this section—
(a) he shall do so in a manner which is reasonably convenient for the exercise of the public right of way, and
(b) where the diversion is by means of a temporary footpath or bridleway, he shall so indicate the line of the temporary footpath or bridleway on the ground to not less than the minimum width that it is apparent to members of the public wishing to use it.
(4) This section does not authorise a person—
(a) to divert a footpath or bridleway on to land not occupied by him without the consent of the occupier of that land and of any other person whose consent is needed to obtain access to it,
(b) to divert a footpath onto a highway other than a footpath or bridleway, or
(c) to divert a bridleway onto a highway other than a bridleway.
(5) The person by whom a footpath or bridleway is diverted under this section shall—
(a) at least fourteen days before the commencement of the diversion, give notice of the diversion in accordance with subsection (6) below,
(b) at least seven days before the commencement of the diversion, publish notice of the diversion in a local newspaper circulating in the area in which the footpath or bridleway is situated, and
(c) display such notices as may be prescribed at such places, in such manner and at such times before or during the diversion as may be prescribed.
(6) Notice under subsection (5)(a) above shall be given—
(a) to the highway authority for the footpath or bridleway,
(b) if the footpath or bridleway is on or contiguous with access land in England, to the Countryside Agency, and
(c) if the footpath or bridleway is on or contiguous with access land in Wales, to the Countryside Council for Wales.
(7) A notice under subsection (5)(a), (b) or (c) above shall be in such form and contain such information as may be prescribed.
(8) If a person—
(a) in a notice which purports to comply with the requirements of subsection (5)(a) or (b) above, makes a statement which he knows to be false in a material particular,
(b) by a notice displayed on or near a footpath or bridleway, falsely purports to be authorised under this section to divert the footpath or bridleway, or
(c) in diverting a footpath or bridleway under this section, fails to comply with subsection (3) above,
he shall be guilty of an offence and liable to a fine not exceeding level 3 on the standard scale.
(9) In this section—
“access land” has the same meaning as in Part I of the Countryside and Rights of Way Act 2000;
“minimum width” in relation to a temporary footpath or bridleway, means the minimum width, within the meaning of Schedule 12A to this Act, of the footpath or bridleway diverted;
“prescribed” means prescribed by regulations made by the Secretary of State.
(1) The person by whom a footpath or bridleway is diverted under section 135A above shall, before the diversion ceases to be authorised by that section, make good any damage to the footpath or bridleway resulting from the works mentioned in subsection (1) of that section, and remove from the footpath or bridleway any obstruction resulting from those works.
(2) Any person who fails to comply with the duty imposed on him by subsection (1) above is guilty of an offence and liable to a fine not exceeding level 3 on the standard scale.
(3) The highway authority may make good any damage, or remove any obstruction, in respect of which any person has failed to comply with that duty and recover from that person the amount of any expenses reasonably incurred by them in or in connection with doing so.
(4) Paragraph 3(1) of Schedule 12A to this Act does not apply in relation to any disturbance of the surface of a footpath or bridleway which subsection (1) above requires any person to make good; but paragraphs 7 and 8 of that Schedule apply for the purposes of subsection (3) above as if—
(a) references to the authority were references to the highway authority,
(b) references to the work were references to work carried out under subsection (3) above in relation to a footpath or bridleway, and
(c) references to the relevant land were references to the land over which the footpath or bridleway passes.
(5) The diversion of a footpath or bridleway under section 135A above does not—
(a) affect the liability of any person for anything done in relation to the path or way otherwise than for the purposes of or in consequence of the works mentioned in subsection (1) of that section, or
(b) authorise any interference with the apparatus or works of any statutory undertakers.
(6) Without prejudice to section 130 (protection of public rights of way) above, it is the duty of the highway authority to enforce the provisions of section 135A and this section.”
17 In section 293 of the 1980 Act (powers of entry for purposes connected with certain orders relating to footpaths and bridleways), in subsection (1)—
(a) after “rail crossing extinguishment order,” there is inserted “a special extinguishment order”, and
(b) for “or a rail crossing diversion order” there is substituted “, a rail crossing diversion order, a special diversion order or an SSSI diversion order”.
18 In section 325 of the 1980 Act (regulations, schemes and orders)—
(a) in subsection (1)(d), for “118, 119,” there is substituted “118, 118A, 118B(4), 119, 119A, 119B(4), 119D”, and
(b) in subsection (2)(b), after “17” there is inserted “or 118B(1)(a)”.
19 In section 326 of the 1980 Act (revocation and variation of schemes and orders) in subsection (5), for “a public path diversion order” there is substituted “a rail crossing extinguishment order, a special extinguishment order, a public path diversion order, a rail crossing diversion order, a special diversion order or an SSSI diversion order”.
20 In section 329(1) of the 1980 Act (interpretation)—
(a) after the definition of “cycle track” there is inserted—
““definitive map and statement” has the same meaning as in Part III of the [1981 c. 69.] Wildlife and Countryside Act 1981;”,
(b) after the definition of “proposed highway” there is inserted—
““proprietor”, in relation to a school, has the same meaning as in the Education Act 1996;”,
(c) after the definition of “road-ferry” there is inserted—
““school” has the same meaning as in the Education Act 1996;”,
(d) after the definition of “service area” there is inserted—
““special diversion order” means an order under section 119B(4) above;”,
(e) after the definition of “special enactment” there is inserted—
““special extinguishment order” means an order under section 118B(4) above;”, and
(f) after the definition of “special road authority” there is inserted—
““SSSI diversion order” means an order under section 119D above;”.
21 In section 334 of the 1980 Act (savings relating to telecommunications apparatus) in subsection (2), for “and a public path diversion order” there is substituted “, a special extinguishment order, a public path diversion order, a special diversion order and an SSSI diversion order”.
22 In section 344 of the 1980 Act (application to Isles of Scilly) in subsection (2)(a) after “135,” there is inserted “135A, 135B,”.
23 (1) Schedule 6 to the 1980 Act (provisions as to making, confirmation, validity and date of operation of certain orders relating to footpaths and bridleways), including that Schedule as applied by section 32(2) of the Acquisition of Land Act 1981, is amended as follows.
(2) In paragraph 1(1) and (2)—
(a) after “rail crossing extinguishment order,” there is inserted “a special extinguishment order”, and
(b) for “or a rail crossing diversion order” there is substituted “, a rail crossing diversion order, a special diversion order or an SSSI diversion order”.
(3) In paragraph 1(3A)—
(a) after “rail crossing extinguishment orders,” there is inserted “special extinguishment orders”, and
(b) for “and rail crossing diversion orders” there is substituted “, rail crossing diversion orders, special diversion orders and SSSI diversion orders”.
(4) In paragraph 1(3B)—
(a) after “draft rail crossing extinguishment orders,” there is inserted “draft special extinguishment orders”, and
(b) for “and draft rail crossing diversion orders” there is substituted “, draft rail crossing diversion orders, draft special diversion orders and draft SSSI diversion orders”.
(5) In paragraph 2—
(a) in sub-paragraph (1), at the beginning of paragraph (a) there is inserted “subject to sub-paragraph (2A)”,
(b) in sub-paragraphs (2) and (3), for “or a public path diversion order,” there is substituted “, a public path diversion order, a special diversion order or an SSSI diversion order”, and
(c) after sub-paragraph (2) there is inserted—
“(2A) Before making or confirming an order on an appeal under section 121D(1) of this Act, the Secretary of State shall—
(a) if requested by the authority who made an order to which the appeal relates to cause a local inquiry to be held, cause such an inquiry to be held, and
(b) if a request to be heard with respect to the question to be determined is made by the appellant, either afford to the appellant an opportunity of being heard by a person appointed by the Secretary of State for the purpose or cause a local inquiry to be held,
whether or not he would be required to do so apart from this sub-paragraph.”
(6) After paragraph 2 there is inserted—
“2ZA (1) Where a public path extinguishment order, a special extinguishment order, a public path diversion order or a special diversion order is made by an authority other than the Secretary of State on an application under section 118ZA, 118C, 119ZA or 119C of this Act, that authority shall, as soon as reasonably practicable after the expiry of the time for representations, determine—
(a) whether, in the case of an unopposed order, to confirm it under paragraph 2(1)(b) above, or
(b) whether to submit the order to the Secretary of State.
(2) The authority making a determination required by sub-paragraph (1) above shall, as soon as practicable after making it, give to the applicant notice in writing of their determination and the reasons for it and give a copy of the notice to such other persons as may be prescribed.
(3) Where—
(a) an authority other than the Secretary of State have made a public path extinguishment order, a special extinguishment order, a public path diversion order or a special diversion order on an application under section 118ZA, 118C, 119ZA or 119C of this Act, and
(b) at the end of the period of two months beginning with the expiry of the time for representations, that authority have not determined—
(i) whether, in the case of an unopposed order, to confirm it under paragraph 2(1)(b) above, or
(ii) whether to submit the order to the Secretary of State,
the Secretary of State may, at the request of the person on whose application the order was made, by direction require the authority to determine that question before the end of such period as may be specified in the direction.
(4) In this paragraph “the time for representations” means the time specified by the authority in accordance with paragraph 1(1)(c) above.
2ZB Where, in relation to any public path extinguishment order, special extinguishment order, public path diversion order or special diversion order which was made by an authority other than the Secretary of State on an application under section 118ZA, 118C, 119ZA or 119C of this Act, no representations or objections are duly made or any representations or objections so made are withdrawn, that authority may not submit the order to the Secretary of State for confirmation with any modification of the map contained in the order.”
(7) In paragraph 2A(1), for the words from the beginning to “shall” there is substituted—
“The following decisions—
a decision of the Secretary of State under paragraph 2 above as respects an order made by an authority other than the Secretary of State including any related decision under section 120(5) of this Act, and
a decision of the Secretary of State under section 121E(1)(c) of this Act, including any related decision under section 120(5) of this Act,
shall”.
(8) After paragraph 2A there is inserted—
“2B (1) Subject to sub-paragraph (2), subsections (2) to (5) of section 250 of the [1972 c. 70.] Local Government Act 1972 (giving of evidence at, and defraying of costs of, inquiries) apply to a hearing which the Secretary of State causes to be held under paragraph 2 above as they apply (by virtue of section 302(1) of this Act) to a local inquiry which he causes to be held under this Act.
(2) In its application to a hearing or local inquiry held under paragraph 2 above by a person appointed under paragraph 2A(1) above, subsection (5) of section 250 of that Act shall have effect as if the reference to the Minister causing the inquiry to be held were a reference to the person so appointed or the Secretary of State.
(3) Section 322A of the [1990 c. 8.] Town and Country Planning Act 1990 (orders as to costs where no hearing or inquiry takes place) applies in relation to a hearing or inquiry under paragraph 2 above as it applies in relation to a hearing or local inquiry for the purposes referred to in that section.”.
(9) In paragraph 3(2)—
(a) for “or a rail crossing extinguishment order” there is substituted “, a rail crossing extinguishment order or a special extinguishment order”, and
(b) for “or a rail crossing diversion order” there is substituted “, a rail crossing diversion order, a special diversion order or an SSSI diversion order”.
(10) At the end of paragraph 4(3) there is inserted “other than any person on whom notice of the decision is required to be served under paragraph 2ZA(2) above”.
24 After Schedule 12 to the 1980 Act there is inserted—
1 In this Schedule—
“appointed person” means a person appointed under section 121(5B) of this Act;
“appropriate Minister” has the same meaning as in section 121(5) of this Act;
“appointment”, in the case of any appointed person, means appointment under section 121(5B) of this Act.
2 An appointment under section 121(5B) of this Act must be in writing and—
(a) may relate to a particular question specified in the appointment or to questions of a description so specified,
(b) may provide for any function to which it relates to be exercisable by the appointed person either unconditionally or subject to the fulfilment of such conditions as may be specified in the appointment, and
(c) may, by notice in writing given to the appointed person, be revoked at any time by the appropriate Minister in respect of any question which has not been determined by the appointed person before that time.
3 Subject to the provisions of this Schedule, an appointed person shall, in relation to the determination of any question to which his appointment relates, have the same powers and duties as the appropriate Minister, other than—
(a) any function of holding an inquiry or other hearing or of causing an inquiry or other hearing to be held; or
(b) any function of appointing a person for the purpose—
(i) of enabling persons to appear before and be heard by the person so appointed; or
(ii) of referring any question or matter to that person.
4 (1) If either of the following persons—
(a) the statutory undertakers to which the question relates, and
(b) in the case of an order to be made on an application under section 118ZA, 118C, 119ZA or 119C of this Act, the person who made the application,
express a wish to appear before and be heard by the appointed person, the appointed person shall give them an opportunity of appearing and being heard.
(2) Whether or not sub-paragraph (1) above applies, the appointed person—
(a) may hold an inquiry or other hearing in connection with the determination of the question, and
(b) shall, if the appropriate Minister so directs, hold an inquiry in connection with that determination.
(3) Where an appointed person holds an inquiry or other hearing by virtue of this Schedule, an assessor may be appointed by the appropriate Minister to sit with the appointed person at the inquiry or hearing and advise him on any matters arising, notwithstanding that the appointed person is to determine the question.
(4) Subject to paragraph 7 below, the costs of an inquiry or other hearing held under this Schedule shall be defrayed by the appropriate Minister.
5 (1) Where under paragraph 2(c) above the appointment of the appointed person is revoked in respect of any question, the appropriate Minister shall, unless he proposes to determine the question himself, appoint another person under section 121(5B) of this Act to determine the question instead.
(2) Where such a new appointment is made, the consideration of the question, or any hearing in connection with it, shall be begun afresh.
(3) Nothing in sub-paragraph (2) above shall require any person to be given an opportunity of making fresh representations or modifying or withdrawing any representations already made.
6 (1) Anything done or omitted to be done by an appointed person in, or in connection with, the exercise or purported exercise of any function to which the appointment relates shall be treated for all purposes as done or omitted to be done by the appropriate Minister.
(2) Sub-paragraph (1) above does not apply—
(a) for the purposes of so much of any contract made between the appropriate Minister and the appointed person as relates to the exercise of the function, or
(b) for the purposes of any criminal proceedings brought in respect of anything done or omitted to be done as mentioned in that sub-paragraph.
7 Subsections (2) to (5) of section 250 of the [1972 c. 70.] Local Government Act 1972 (local inquiries: evidence and costs) shall apply to local inquiries or other hearings held under this Schedule by an appointed person as they apply to inquiries caused to be held under that section by a Minister, but as if—
(a) in subsection (2) (evidence) the reference to the person appointed to hold the inquiry were a reference to the appointed person,
(b) in subsection (4) (recovery of costs of holding inquiry) references to the Minister causing the inquiry to be held were references to the appropriate Minister, and
(c) in subsection (5) (orders as to the costs of the parties) the reference to the Minister causing the inquiry to be held were a reference to the appointed person or the appropriate Minister.”
25 In Schedule 3 to the Norfolk and Suffolk Broads Act 1988 (functions of Broads Authority), in paragraph 47 (footpaths and bridleways)—
(a) for “118 to 121” there is substituted “118 to 121E”, and
(b) after “footpaths etc.)” there is inserted “, except sections 118B and 119B of that Act (stopping up and diversion for purposes of crime prevention, etc.),”.
26 In Schedule 9 to the Environment Act 1995 (miscellaneous functions of National Park authorities), in paragraph 11 (footpaths and bridleways) for paragraph (c) there is substituted—
“(c) sections 118 to 121E (stopping up and diversion of public paths, etc.), except sections 118B and 119B (stopping up and diversion for purposes of crime prevention, etc.), and”.
Countryside and Rights of Way Act 2000