"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- |
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(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, |
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(b) requiring the applicant to give notice of the application to such persons as may be prescribed, |
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(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, |
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(d) as to the publicising of any application, |
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(e) as to the form, content and service of such notices and certificates, and |
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(f) as to the remission or refunding in prescribed circumstances of the whole or part of any prescribed fee. |
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(2) If any person- |
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(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 |
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(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, |
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he shall be guilty of an offence. |
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(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. |
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(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. |
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(2) The register shall contain such information as may be prescribed with respect to the manner in which such applications have been dealt with. |
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(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. |
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(4) Regulations may make provision- |
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(a) for a specified part of the register to contain copies of applications and of the maps submitted with them, and |
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(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). |
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(5) Every register kept under this section shall be available for inspection by the public at all reasonable hours. |
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(6) In this section- |
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"prescribed" means prescribed by regulations; |
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"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- |
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(a) has dismissed an appeal against the refusal of a similar application, or |
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(b) has otherwise refused to confirm an order which is similar to the order requested. |
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(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- |
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(a) the council have not yet determined whether to make a public path extinguishment order or a public path diversion order, or |
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(b) where such an order has been made, the council have not yet made the determination required by paragraph 2ZA(1) of Schedule 6. |
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(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- |
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(a) refuse to make any order, |
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(b) refuse to confirm as an unopposed order any order made on the application (whether or not in the form requested), or |
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(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, |
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the applicant may appeal to the Secretary of State against the decision. |
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(2) Subsection (1)(a) above does not confer any right of appeal against a refusal to make an order where- |
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(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 |
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(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- |
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(i) in the case of a public path extinguishment order, under section 118ZA(6) above, or
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(ii) in the case of a public path diversion order, under section 119(5) above,
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(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. |
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(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." |