Countryside and Rights of Way Bill

Countryside and Rights of Way Bill - continued	House of Commons

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SCHEDULE 6

RIGHT TO APPLY FOR STOPPING UP OR DIVERSION OF FOOTPATH OR BRIDLEWAY

1. After section 118 of the 1980 Act there is inserted-

"Application for a public path extinguishment order.	118ZA. - (1) The owner, lessee or occupier of any land used for agriculture, forestry or the breeding or keeping of horses may apply to a council for the area in which the land is situated for the making of a public path extinguishment order in relation to any footpath or bridleway which crosses the land.
	(2) An application under this section shall be in such form as may be prescribed and shall be accompanied by a map, on such scale as may be prescribed, showing the land over which the public right of way would be extinguished, and by such other information as may be prescribed.
	(3) Regulations may provide-
	(a) that a prescribed fee is payable on the making of an application under this section, and
	(b) that further prescribed charges are payable by the applicant if the application is granted.
	(4) An application under this section is not to be taken to be received by the council until the requirements of regulations under section 121A below have been satisfied in relation to it.
	(5) A council which receives an application under this section shall determine the application as soon as reasonably practicable.
	(6) Before determining to make a public path extinguishment order on an application under this section, the council may require the applicant to enter into an agreement with them to defray, or to make such contribution as may be specified in the agreement towards, any compensation which may become payable under section 28 above as applied by section 121(2) below.
	(7) Where-
	(a) an application under this section has been made to a council, and
	(b) the council have not determined the application within four months of receiving it,
	the Secretary of State may, at the request of the applicant and after consulting the council, direct the council to determine the application before the end of such period as may be specified in the direction.
	(8) As soon as practicable after determining an application under this section, the council shall-
	(a) give to the applicant notice in writing of their decision and the reasons for it, and
	(b) give a copy of the notice to such other persons as may be prescribed.
	(9) This section has effect subject to the provisions of sections 121A and 121C below.
	(10) In this section-
	"prescribed" means prescribed by regulations;
	"regulations" means regulations made by the Secretary of State."

2. In section 119 of the 1980 Act (diversion of footpaths and bridleways), in subsection (5)-

(a) after "diversion order" there is inserted "on an application under section 119ZA below or", and

(b) for "him" there is substituted "the person on whose application or representations the order is made".

3. After section 119 of the 1980 Act there is inserted-

"Application for a public path diversion order.	119ZA. - (1) Subject to subsection (2) below, the owner, lessee or occupier of any land used for agriculture, forestry or the breeding or keeping of horses may apply to a council for the area in which the land is situated for the making of a public path diversion order in relating to any footpath or bridleway which crosses the land, on the ground that in his interests it is expedient that the order should be made.
	(2) No application may be made under this section for an order which would alter the point of termination of the path or way to a point on-
	(a) a classified road,
	(b) a special road,
	(c) a GLA road, or
	(d) any highway not falling within paragraph (a) or (b) above for which the Minister is the highway authority.
	(3) An application under this section shall be in such form as may be prescribed and shall be accompanied by a map, on such scale as may be prescribed-
	(a) showing the existing site of so much of the line of the path or way as would be diverted if the order were made and the new site to which it would be diverted,
	(b) indicating whether a new right of way would be created by the order over the whole of the new site or whether some of it is already comprised in a footpath or bridleway, and
	(c) where some part of the new site is already so comprised, defining that part,
	and by such other information as may be prescribed.
	(4) Regulations may provide-
	(a) that a prescribed fee is payable on the making of an application under this section, and
	(b) that further prescribed charges are payable by the applicant if the application is granted.
	(5) An application under this section is not to be taken to be received by the council until the requirements of regulations under section 121A below have been satisfied in relation to it.
	(6) A council which receives an application under this section shall determine the application as soon as reasonably practicable.
	(7) Where-
	(a) an application under this section has been made to a council, and
	(b) the council have not determined the application within four months of receiving it,
	the Secretary of State may, at the request of the applicant and after consulting the council, direct the council to determine the application before the end of such period as may be specified in the direction.
	(8) As soon as practicable after determining an application under this section, the council shall-
	(a) give to the applicant notice in writing of their decision and the reasons for it, and
	(b) give a copy of the notice to such other persons as may be prescribed.
	(9) This section has effect subject to the provisions of sections 121A and 121C below.
	(10) In this section-
	"prescribed" means prescribed by regulations;
	"regulations" means regulations made by the Secretary of State.".

4. - (1) Section 121 of the 1980 Act (supplementary provisions as to public path extinguishment and diversion orders) is amended as follows.

(2) After subsection (5) there is inserted-

	"(5A) The appropriate Minister may appoint any person to exercise on his behalf the function of making a determination under subsection (5) above; and section 302 below applies in relation to a person so appointed as it applies in relation to the Minister.
	(5B) Anything done or omitted to be done by a person appointed under subsection (5A) above in, or in connection with, the exercise or purported exercise of the function to which the appointment relates shall be treated for all purposes as done or omitted to be done by the appropriate Minister.
	(5C) Where the appropriate Minister has appointed a person to make a determination under subsection (5) above, the appropriate Minister may, at any time before the making of the determination, appoint another person to make it instead of the person first appointed to make the determination."

(3) In subsection (6), after "(5)" there is inserted "to (5C)".

5. After section 121 of the 1980 Act there is inserted-

"Regulations with respect to applications under section 1118ZA or 119ZA.	121A. - (1) The Secretary of State may by regulations make provision as respects applications under section 118ZA or 119ZA above-
	(a) requiring the applicant to issue a certificate as to the interests in, or rights in or over, the land to which the application relates and the purpose for which the land is used,
	(b) requiring the applicant to give notice of the application to such persons as may be prescribed,
	(c) requiring the applicant to certify that any requirement of this section or of regulations under this section has been complied with or to provide evidence that any such requirement has been complied with,
	(d) as to the publicising of any application,
	(e) as to the form, content and service of such notices and certificates, and
	(f) as to the remission or refunding in prescribed circumstances of the whole or part of any prescribed fee.
	(2) If any person-
	(a) issues a certificate which purports to comply with any requirement imposed by virtue of subsection (1) above and contains a statement which he knows to be false or misleading in a material particular; or
	(b) recklessly issues a certificate which purports to comply with any such requirement and contains a statement which is false or misleading in a material particular,
	he shall be guilty of an offence.
	(3) A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
	(4) Notwithstanding section 127 of the Magistrates' Courts Act 1980 (limitation of time for taking proceedings) summary proceedings for an offence under this section may be instituted at any time within three years after the commission of the offence.
Register of applications under section 118ZA and 119ZA.	121B. - (1) Every council shall keep, in such manner as may be prescribed, a register containing such information as may be prescribed with respect to applications under sections 118ZA and 119ZA above.
	(2) The register shall contain such information as may be prescribed with respect to the manner in which such applications have been dealt with.
	(3) Regulations may make provision for the register to be kept in two or more parts, each part containing such information relating to applications under section 118ZA or 119ZA above as may be prescribed.
	(4) Regulations may make provision-
	(a) for a specified part of the register to contain copies of applications and of the maps submitted with them, and
	(b) for the entry relating to any application, and everything relating to it, to be removed from any part of the register when the application (including any appeal arising out of it) has been finally disposed of (without prejudice to the inclusion of any different entry relating to it in another part of the register).
	(5) Every register kept under this section shall be available for inspection by the public at all reasonable hours.
	(6) In this section-
	"prescribed" means prescribed by regulations;
	"regulations" means regulations made by the Secretary of State.
Cases where council may decline to determine applications under section 118ZA or 119ZA.	121C. - (1) A council may decline to determine an application under section 118ZA or 119ZA above for a public path extinguishment order or a public path diversion order if, within the period of three years ending with the date on which the application is received, the Secretary of State-
	(a) has dismissed an appeal against the refusal of a similar application, or
	(b) has otherwise refused to confirm an order which is similar to the order requested.
	(2) A council may decline to determine an application under section 118ZA or 119ZA above if, in respect of a similar application previously made to them under that section-
	(a) the council have not yet determined whether to make a public path extinguishment order or a public path diversion order, or
	(b) where such an order has been made, the council have not yet made the determination required by paragraph 2ZA(1) of Schedule 6.
	(3) For the purposes of this section an application or order is similar to a later application or order only if they are, in the opinion of the council determining the later application, the same or substantially the same, but an application or order may be the same or substantially the same as a later application or order even though it is made to or by a different council.
Right of appeal to Secretary of State in respect of applications under section 118ZA or 119ZA.	121D. - (1) Subject to the provisions of this section, where, in relation to an application made under section 118ZA or 119ZA above, the council to which the application was made-
	(a) refuse to make any order,
	(b) refuse to confirm as an unopposed order any order made on the application (whether or not in the form requested), or
	(c) refuse to submit to the Secretary of State any order which was made on the application (whether or not in the form requested) and against which any representation or objection has been duly made and not withdrawn,
	the applicant may appeal to the Secretary of State against the decision.
	(2) Subsection (1)(a) above does not confer any right of appeal against a refusal to make an order where-
	(a) the council have no power to make the order requested without the consent of another person and that consent has not been given, or
	(b) the reason, or one of the reasons, for the refusal to make the order is that the applicant has refused to enter into an agreement-
	(i) in the case of a public path extinguishment order, under section 118ZA(6) above, or
	(ii) in the case of a public path diversion order, under section 119(5) above,
	(3) Paragraph (b) or (c) of subsection (1) above does not confer any right of appeal against the refusal to confirm an unopposed order, or the refusal to submit an order to the Secretary of State, in a case where the council has no power to confirm the order requested without the consent of another person and that consent has not been given.
	(4) An appeal under this section shall be brought within such time and in such manner as the Secretary of State may by regulations prescribe."

6. In Schedule 6 to the 1980 Act (provisions as to making, confirmation, validity and date of operation of certain orders relating to footpaths and bridleways) after paragraph 2 there is inserted-

	"2ZA. - (1) Where a public path extinguishment order or a public path diversion order is made by a council on an application under section 118ZA or 119ZA above, the council 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 council 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) a council have made a public path extinguishment order or a public path diversion order on an application under section 118ZA or 119ZA above, and
	(b) at the end of the period of two months beginning with the expiry of the time for representations, the council 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, direct the council to determine that question.
	(4) In this paragraph "the time for representations" means the time specified by the council in accordance with paragraph 1(1)(c) above.
	2ZB. Where, in relation to a public path extinguishment order or a public path diversion order is made by a council on an application under section 118ZA or 119ZA above, no objections are duly made or any objections so made are withdrawn, the council may not submit the order to the Secretary of State for confirmation with modifications."

Prepared 3 March 2000