Deregulation Bill (HC Bill 191)

(b) take the steps mentioned in subsection (1)(a) to (c).

(1B) Where the Secretary of State determines under subsection (1A)(a) not to
make an order, the Secretary of State shall inform the applicant of the
decision and the reasons for it.”

(6) 35In Schedule 6, in paragraph 2A(1)(b), after “section 121E(1)(c)” insert “or
(1A)(a)”.

22 Extension of powers to authorise erection of gates at owner’s request

(1) Section 147 of the Highways Act 1980 (which allows highway authorities etc to
authorise the erection of stiles and gates etc on footpaths or bridleways
40crossing agricultural land) is amended as follows.

(2) In subsection (1), after “For the purposes of this section” insert “as it applies in
relation to footpaths or bridleways,”.

(3) After subsection (1) insert—

“(1A) The following provisions of this section, so far as relating to the erection
of gates, also apply where the owner, lessee or occupier of agricultural
land in England, or of land in England which is being brought into use
5for agriculture, represents to a competent authority in England, as
respects a restricted byway or byway open to all traffic that crosses the
land, that for securing that the use, or any particular use, of the land for
agriculture shall be efficiently carried on, it is expedient that gates for
preventing the ingress or egress of animals should be erected on the
10byway.

For the purposes of this section the following are competent
authorities—

(a) in the case of a restricted byway which is for the time being
maintained by a non-metropolitan district council by virtue of
15section 42 above, that council and also the highway authority;
and

(b) in the case of any other restricted byway or in the case of a
byway open to all traffic, the highway authority.

For the purposes of this section the following are competent
20authorities—

(a) in the case of a restricted byway which is for the time being
maintained by a non-metropolitan district council by virtue of
section 42 above, that council and also the highway authority;
and

(b) 25in the case of any other restricted byway or in the case of a
byway open to all traffic, the highway authority.”

(4) In subsection (3), for “footpath or bridleway” substitute “footpath, bridleway
or byway”.

(5) After subsection (5) insert—

“(5A) 30In this section, “byway open to all traffic” has the same meaning as in
Part 3 of the Wildlife and Countryside Act 1981 (see section 66(1) of that
Act).”

(6) In consequence of the amendments made by this section to section 147, section
146 of the 1980 Act is amended as follows—

(a) 35in subsection (1), after “restricted byway” (in the first place it occurs)
insert “or across a byway open to all traffic in England”;

(b) in that subsection, for “or restricted byway” (in the second place it
occurs) substitute “, restricted byway or byway open to all traffic”;

(c) in subsection (2)(b), after “restricted byway” insert “or in the case of a
40byway open to all traffic”;

(d) after subsection (5) insert—

“(6) In this section, “byway open to all traffic” has the same meaning
as in Part 3 of the Wildlife and Countryside Act 1981 (see section
66(1) of that Act).”;

(e) 45in the heading to the section, for “restricted byways” substitute
“byways”.

23 Applications for certain orders under Highways Act 1980: cost recovery

(1) The Highways Act 1980 is amended as follows.

(2) In section 118ZA(3) (which deals with the making of regulations imposing
50charges in connection with applications by owners etc for a public path
extinguishment order), in paragraph (a), after “this section” insert “to a council
in Wales”.