Deregulation Bill (HL Bill 95)

(b) that work is required to be done to bring the path or way, or
the part, into a fit condition for use by the public,

the authority may not confirm the order under Schedule 14A until
they are satisfied that the work has been carried out.”

5Part 2 New Schedule 13A to the 1981 Act

6 After Schedule 13 to the Wildlife and Countryside Act 1981 insert—

“Schedule 13A Applications for certain orders under Part 3: England

Form of applications

1 (1) 10An application must be made in the prescribed form and be
accompanied by—

(a) a map drawn to the prescribed scale and showing the way
or ways to which the application relates; and

(b) copies of any documentary evidence (including statements
15of witnesses) which the applicant wishes to adduce in
support of the application, unless the authority have
informed the applicant that the authority already have
access to the evidence in question.

(2) Regulations under sub-paragraph (1) must provide for an
20application to include an explanation as to why the applicant
believes that a definitive map and statement should be modified
in consequence of the occurrence of one or more events falling
within section 53(3)(b) or (c).

Preliminary assessment and notice of applications

2 (1) 25An authority must, before the end of the period of 3 months
beginning with the day on which they receive an application,
decide whether the application, and any documentary evidence
which the applicant relies on in support of it, show that there is a
reasonable basis for the applicant’s belief that a definitive map
30and statement should be modified in consequence of the
occurrence of one or more events falling within section 53(3)(b) or
(c).

(2) In deciding whether there is such a basis, the authority must have
regard to any guidance given by the Secretary of State.

(3) 35If they decide that there is no such basis, they must, before the end
of that period of 3 months, inform the applicant of their decision
and the reasons for it.

(4) If they decide that there is such a basis, they must, before the end
of that period—

(a) 40inform the applicant; and

(b) serve a notice on every owner and occupier of any land to
which the application relates stating that an application
has been made and the authority are considering it.

(5) If, after reasonable inquiry has been made, the authority are
5satisfied that it is not practicable to ascertain the name or address
of an owner or occupier of any land to which the application
relates, the authority may direct that the notice required to be
served on the person by sub-paragraph (4) may be served by
addressing it to the person by the description “owner” or
10“occupier” of the land (describing it) and by affixing it to some
conspicuous object or objects on the land.

Failure by authority to conduct preliminary assessment

3 (1) If an authority have not assessed an application in accordance
with paragraph 2 before the end of the period of 3 months
15beginning with the day on which they received the application,
the applicant may give notice to the authority in the prescribed
form of an intention to apply to a magistrates’ court for an order
under this paragraph.

(2) The applicant may apply to a magistrates’ court for an order under
20this paragraph at any time—

(a) after the end of the period of 1 month beginning with the
day on which notice was given; and

(b) before the end of the period of 6 months beginning with
that day.

(3) 25On hearing an application under this paragraph, a magistrates’
court may order the authority to take specified steps for the
purposes of discharging the authority’s duty under paragraph 2
and to do so within such reasonable period as may be specified.

(4) An order under sub-paragraph (3) may provide for paragraph 5 to
30apply in relation to the application made to the authority as if for
the period of 12 months beginning with the day on which the
authority received the application there were substituted a longer
period.

(5) The authority or the applicant may appeal to the Crown Court
35against a decision of a magistrates’ court under this paragraph.

(6) An order under this paragraph does not take effect—

(a) until the end of the period of 21 days beginning with the
day after the day on which the order was made, or

(b) if an appeal is brought in respect of the order within that
40period (whether by way of appeal to the Crown Court or
by way of case stated for the opinion of the High Court),
until the final determination or withdrawal of the appeal.

Determination by authority

4 (1) As soon as reasonably practicable after serving a notice under
45paragraph 2(4)(b), the authority must—

(a) investigate the matters stated in the application; and

(b) after consulting with every local authority whose area
includes the land to which the application relates, decide
whether to make or not to make the order to which the
application relates.

(2) 5The duty in sub-paragraph (1) does not apply in a case to which
section 54B (modifications by consent) applies (see section 54B(1)).

(3) But if, in such a case, an event mentioned below occurs, the
authority must take the steps mentioned in sub-paragraph (1)(a)
and (b) as soon as reasonably practicable after the occurrence of
10that event.

The events are—

(a) that the authority ascertain that an owner does not consent
to the making of an order under section 53(2) (whether
with or without the making of a special order mentioned in
15section 54B(2)(a) to (c));

(b) that the authority decide for any other reason not to make
a modification consent order;

(c) that the period of 12 months beginning with the date on
which notice was served under paragraph 2(4)(b) expires
20without the authority having determined whether to make
such an order;

(d) that the authority make such an order but decide not to
confirm it.

(4) As soon as practicable after determining an application, the
25authority must give notice of their decision by serving a copy of it
on the applicant and any person on whom notice of the
application was required to be served under paragraph 2(4)(b).

Failure by authority to determine application

5 (1) If an authority have not discharged their duty under paragraph 4
30within the period of 12 months beginning with the day on which
they received the application, the applicant or any owner or
occupier of any land to which the application relates may give
notice to the authority in the prescribed form of an intention to
apply to a magistrates’ court for an order under sub-paragraph
35(4).

(2) A person who has given notice under sub-paragraph (1) may
apply to a magistrates’ court for an order under sub-paragraph (4)
at any time—

(a) after the end of the period of 1 month beginning with the
40day on which notice was given; and

(b) before the end of the period of 12 months beginning with
that day.

(3) On the hearing of an application under sub-paragraph (2) the
other persons by whom a notice under sub-paragraph (1) could
45have been given have a right to be heard.

(4) On hearing an application under sub-paragraph (2), a magistrates’
court may order the authority to take specified steps for the

purposes of discharging their duty under paragraph 4 and to do
so within such reasonable period as may be specified.

(5) The authority may make one application to a magistrates’ court
for an order extending by up to 12 months the period specified in
5the order under sub-paragraph (4).

(6) On the hearing of an application under sub-paragraph (5) in
relation to an order under sub-paragraph (4), the person who
applied for that order and the other persons by whom a notice
under sub-paragraph (1) could have been given have a right to be
10heard.

(7) A decision of a magistrates’ court under this paragraph may be
appealed to the Crown Court by—

(a) the authority;

(b) the applicant for an order under sub-paragraph (4);

(c) 15any other person by whom a notice under sub-paragraph
(1) could have been given.

(8) An order under this paragraph does not take effect—

(a) until the end of the period of 21 days beginning with the
day after the day on which the order was made; or

(b) 20if an appeal is brought in respect of the order within that
period (whether by way of appeal to the Crown Court or
by way of case stated for the opinion of the High Court),
until the final determination or withdrawal of the appeal.

Failure by authority to determine application: further provision about notices

6 (1) 25An applicant for an order under sub-paragraph (4) of paragraph 5
must give notice to the court of the names and addresses of any
other person by whom a notice under sub-paragraph (1) of that
paragraph could have been given.

(2) If it is not reasonably practicable for an applicant to ascertain such
30a name and address, the applicant is be taken to have complied
with sub-paragraph (1) if the applicant gives notice to the court
that that is the case.

(3) Notice of the hearing, of the right to be heard and of the right to
appeal against a decision on an application under paragraph 5(2)
35must be given by the court to each person whose name and
address is notified to the court under sub-paragraph (1).

(4) Notice of the hearing, of the right to be heard and of the right to
appeal against a decision on an application under paragraph 5(5)
must be given by the court to—

(a) 40the person who applied for the order under paragraph 5(4)
to which the application relates; and

(b) each person whose name and address was notified to the
court under sub-paragraph (1) by the person mentioned in
paragraph (a).

(5) 45Where the court is given notice under sub-paragraph (2), notice of
the hearing, of the right to be heard and of the right to appeal
against a decision on an application under paragraph 5(2) or (5)

must also be given by the court by affixing it to some conspicuous
object or objects on the land to which the application relates.

Procedure where authority decide not to make order: general

7 (1) Where an authority decide under paragraph 4 not to make an
5order, the applicant may, at any time within 28 days after service
of notice of the decision, give notice to the authority in the
prescribed form of the applicant’s wish to appeal against the
decision to the Secretary of State and of the grounds on which the
applicant wishes to do so.

(2) 10If the applicant gives such notice and does not withdraw it—

(a) the authority must submit the matter to the Secretary of
State; and

(b) the Secretary of State must deal with the matter as an
appeal against the decision of the authority.

(3) 15The authority may, but need not, act as mentioned in sub-
paragraph (2) if the authority are of the opinion that nothing in the
grounds of appeal relates to an issue which, if the matter were
submitted to the Secretary of State, would be relevant to the
Secretary of State’s decision on the appeal.

(4) 20In deciding whether to exercise their power under sub-paragraph
(3) not to submit the matter, the authority must have regard to any
guidance given by the Secretary of State.

(5) Where the authority decide not to submit the matter, the authority
must inform the applicant of their decision and the reasons for it.

(6) 25Where the matter is submitted to the Secretary of State, the
authority must give notice in the prescribed form—

(a) setting out the authority’s decision;

(b) stating that the matter has been submitted to the Secretary
of State;

(c) 30naming a place in the area in which the land to which the
decision relates is situated where a copy of the decision
may be inspected free of charge, and copies of it may be
obtained at a reasonable charge, at all reasonable hours;
and

(d) 35specifying the time (not being less than 42 days from the
date of the first publication of the notice) within which,
and the manner in which, representations or objections
with respect to the decision, which must include
particulars of the grounds relied on, may be made to the
40Secretary of State.

(7) Subject to sub-paragraph (9), the notice to be given under sub-
paragraph (6) must be given—

(a) by publication on a website maintained by the authority
and on such other websites or through the use of such
45other digital communications media as the authority may
consider appropriate;

(b) by serving a like notice on—

(i) every owner and occupier of any of the land to
which the decision relates;

(ii) every local authority whose area includes any of
that land;

(iii) 5every person on whom notice is required to be
served in pursuance of sub-paragraph (8); and

(iv) such other persons as may be prescribed in relation
to the area in which that land is situated or as the
authority may consider appropriate; and

(c) 10by causing a copy of the notice to be displayed in a
prominent position—

(i) at the ends of so much of any way as is affected by
the decision;

(ii) at council offices in the locality of the land to which
15the decision relates; and

(iii) at such other places as the authority may consider
appropriate.

(8) Any person may, on payment of such reasonable charge as the
authority may consider appropriate, require an authority to give
20the person notice of all such decisions under paragraph 4 not to
make an order as—

(a) are made by the authority during a period specified in the
requirement;

(b) are of a description so specified; and

(c) 25relate to land comprised in an area so specified.

(9) The Secretary of State may, in any particular case, direct that it is
not necessary to comply with sub-paragraph (7)(b)(i); but if such a
direction is given in the case of any land, then in addition to
publication the notice must be addressed to “The owners and any
30occupiers” of the land (describing it) and a copy or copies of the
notice must be affixed to some conspicuous object or objects on the
land.

(10) Sub-paragraph (7)(b) and (c) and, where applicable, sub-
paragraph (9) must be complied with not less than 42 days before
35the expiration of the time specified in the notice.

(11) A notice required to be served by sub-paragraph (7)(b) on the
owner or occupier of any land, or on a local authority, must be
accompanied by a copy of so much of the decision as relates to that
land or, as the case may be, the area of that authority; and a notice
40required to be served by that sub-paragraph on such other persons
as may be prescribed or as the authority may consider appropriate
must be accompanied by a copy of the decision.

(12) A notice required to be displayed by sub-paragraph (7)(c) at the
ends of so much of any way as is affected by the decision must be
45accompanied by a plan showing the general effect of the decision
so far as it relates to that way.

(13) At any time after the publication of a notice under this paragraph,
and before the expiration of the period specified in the notice for
the making of representations and objections, any person may

require the authority to inform the person what documents (if
any) were taken into account in making the decision and—

(a) as respects any such documents in the possession of the
authority, to permit him to inspect them and take copies;
5and

(b) as respects any such documents not in their possession, to
give him any information the authority have as to where
the documents can be inspected;

and the authority must comply with a requirement under this sub-
10paragraph within 14 days of the making of the requirement.

(14) Nothing in sub-paragraph (6)(d) or (13) is to be construed as
limiting the grounds which may be relied on or the documentary
or other evidence which may be adduced at any local inquiry or
hearing held under paragraph 8(1)(a) or (c) or included in
15representations made under paragraph 8(1)(b).

8 (1) Where a matter is submitted to the Secretary of State under
paragraph 7(2), the Secretary of State must either—

(a) cause a local inquiry to be held;

(b) afford the applicant, and any person by whom a
20representation or objection has been duly made and not
withdrawn, an opportunity to make representations (or
further representations) to a person appointed by the
Secretary of State for that purpose; or

(c) afford the applicant, and any person by whom a
25representation or objection has been duly made and not
withdrawn, an opportunity to be heard by a person
appointed by the Secretary of State for that purpose.

(2) The Secretary of State may, but need not, act as mentioned in sub-
paragraph (1) if, in the opinion of the Secretary of State, nothing in
30the grounds of appeal, and no representation or objection which
has been duly made and not withdrawn, relates to an issue which
would be relevant to the Secretary of State’s decision on the
appeal.

(3) On considering the grounds of appeal, any representations or
35objections duly made (and not withdrawn) and the report of any
person appointed to hold an inquiry or appointed as mentioned in
sub-paragraph (1)(b) or (c), the Secretary of State may—

(a) uphold the authority’s decision;

(b) direct the authority to make an order in accordance with
40the direction;

(c) make an order.

(4) Sub-paragraph (5) applies if—

(a) the Secretary of State proposes to direct an authority to
make an order or proposes to make an order; and

(b) 45an order made in accordance with the proposed direction
or (as the case may be) the order that the Secretary of State
is proposing to make would differ in a material respect
from the order sought by the applicant in the application.

(5) The Secretary of State must give such notice as appears to him or
her to be requisite of the proposal, specifying the time (which must
not be less than 28 days from the date of first publication of the
notice) within which, and the manner in which, representations or
5objections with respect to the proposal, which must include
particulars of the grounds relied on, may be made.

(6) If any representation or objection duly made under sub-paragraph
(5) is not withdrawn, the Secretary of State must either—

(a) cause a local inquiry to be held;

(b) 10afford any person by whom a representation or objection
has been duly made and not withdrawn, an opportunity to
make representations (or further representations) to a
person appointed by the Secretary of State for that
purpose; or

(c) 15afford any person by whom a representation or objection
has been duly made and not withdrawn, an opportunity to
be heard by a person appointed by the Secretary of State
for that purpose.

(7) The Secretary of State must consider the report of any person
20appointed to hold an inquiry or appointed as mentioned in sub-
paragraph (6)(b) or (c).

(8) The Secretary of State may, but need not, act as mentioned in sub-
paragraph (6) if, in his or her opinion, no representation or
objection which has been duly made and not withdrawn relates to
25an issue which would be relevant to the Secretary of State’s
decision on the appeal.

(9) For the purposes of sub-paragraph (4)(b), an order made in
accordance with the proposed direction, or (as the case may be)
the order that the Secretary of State is proposing to make, would
30differ in a material respect from the order sought by the applicant
in the application if—

(a) it would affect land not affected by the order sought by the
applicant;

(b) it would not show any way shown in the order sought by
35the applicant;

(c) it would show any way not so shown; or

(d) it would show as a highway of a particular description a
way which is shown in the order sought by the applicant
as a highway of another description.

(10) 40Nothing in sub-paragraph (5) is be construed as limiting the
grounds which may be relied upon or the documentary or other
evidence which may be adduced at any local inquiry or hearing
held under sub-paragraph (6)(a) or (c) or included in
representations made under sub-paragraph (6)(b).

45Procedure where authority decide not to make an order: supplemental

9 (1) A decision of the Secretary of State under paragraph 8 must,
except in such classes of case as may for the time being be
prescribed or as may be specified in directions given by the
Secretary of State, be made by a person appointed by the Secretary

of State for the purpose instead of by the Secretary of State; and a
decision made by a person so appointed is to be treated as a
decision of the Secretary of State.

(2) The Secretary of State may, if the Secretary of State thinks fit, direct
5that a decision which, by virtue of sub-paragraph (1) and apart
from this sub-paragraph, falls to be made by a person appointed
by the Secretary of State is instead to be made by the Secretary of
State; and a direction under this sub-paragraph must state the
reasons for which it is given and must be served on the person, if
10any, so appointed, the authority and any person by whom a
representation or objection has been duly made and not
withdrawn.

(3) Where the Secretary of State has appointed a person to make a
decision under paragraph 8 the Secretary of State may, at any time
15before the making of the decision, appoint another person to make
it instead of the person first appointed to make it.

(4)
Where by virtue of sub-paragraph (2) or (3) a particular decision
falls to be made by the Secretary of State or any other person
instead of the person first appointed to make it, anything done by
20or in relation to the latter is to be treated as having been done by
or in relation to the former.

(4)
Regulations under this paragraph may provide for the giving of
publicity to any directions given by the Secretary of State under
this paragraph.

10 (1) 25Subject to sub-paragraph (2), subsections (2) to (5) of section 250 of
the Local Government Act 1972 (giving of evidence at, and
defraying of costs of, inquiries) apply in relation to any hearing or
local inquiry held under paragraph 8 as they apply in relation to a
local inquiry which a Minister causes to be held under subsection
30(1) of that section.

(2) In its application to a hearing or inquiry held under paragraph 8
by a person appointed under paragraph 9, subsection (5) of that
section is to have effect as if the reference to the Minister causing
the inquiry to be held were a reference to the person so appointed
35or the Secretary of State.

(3) Section 322A of the Town and Country Planning Act 1990 (orders
as to costs where no hearing or inquiry takes place) applies in
relation to a hearing or local inquiry under paragraph 8 as it
applies in relation to a hearing or local inquiry for the purposes
40referred to in that section.

11 Any person may, on payment of such reasonable charge as the
authority may consider appropriate, require an authority to give
the person notice of all such orders as—

(a) are made by the authority in accordance with a direction
45under paragraph 8(3)(b) or by the Secretary of State under
paragraph 8(3)(c) during a period specified in the
requirement;

(b) are of a description so specified; and

(c) relate to land in an area so specified.

Transfer of applications

12 (1) Where an application is made to an authority, the applicant may
at any time before the application is determined give notice in the
prescribed form to the authority that another person named in the
5notice is to carry on the application.

(2) Where such a notice is given, the other person is (in relation to any
time after it is given) to be treated as the applicant for the purposes
of this Act.

Interpretation

13 (1) 10In this Schedule—

• “application” means an application under section 53(5);

• “local authority” means a non-metropolitan district council, a
  parish council or the parish meeting of a parish not having
  a separate parish council;

• 15“prescribed” means prescribed by regulations made by the
  Secretary of State.

(2) Regulations under this Schedule are to be made by statutory
instrument and are subject to annulment in pursuance of a
resolution of either House of Parliament.”

20Part 3 New Schedule 14A to the 1981 Act

7 After Schedule 14 to the Wildlife and Countryside Act 1981 insert the
following Schedule—

“Schedule 14A Procedure in connection with certain orders under part 3: England

25Part 1 Orders made in accordance with paragraph 8 of Schedule 13A

1 (1) Where an order is made by an authority in accordance with a
direction given under paragraph 8(3)(b) of Schedule 13A, or by the
Secretary of State under paragraph 8(3)(c) of that Schedule, the
30Secretary of State must confirm the order.

(2) The order takes effect when it is confirmed by the Secretary of
State.

Part 2 Other orders

35Application of Part 2

2 Part 2 of this Schedule applies to orders other than those which are
made in accordance with a direction given under paragraph