 | |
|
SCHEDULE 7
|
| |
STOPPING UP AND DIVERSION OF FOOTPATHS FOR PURPOSES OF CRIME PREVENTION ETC. |
| | 1. In section 36 of the 1980 Act (highways maintainable at public expense) in subsection (3) after paragraph (e) there is inserted-
|
| |
 |
"(f) a highway, being a footpath or bridleway, created in consequence of a special diversion order." |
|
| | 2. After section 118A of the 1980 Act there is inserted-
|
| |
| "Stopping up of footpaths and bridleways for purposes of crime prevention, etc. |
118B. - (1) This section applies where it appears to a local highway authority-
|
|
(a) that, as respects a footpath or bridleway which is in a designated urban area and for which they are the highway authority, it is expedient, in the interests of preventing or reducing crime which would otherwise disrupt the life of the community, that the path or way should be stopped up, or |
| |
(b) as respects any footpath or bridleway which crosses land occupied for the purposes of a school and for which they are the highway authority it is expedient, in the interests of protecting the pupils or staff from violence or the threat of violence, from harassment, alarm or distress or from any other risk to their health or safety, that the path or way should be stopped up. |
| |
(2) Where this section applies, the local highway authority may by order made by them and submitted to and confirmed by the Secretary of State, or confirmed as an unopposed order, extinguish the public right of way over the path or way.
|
| |
(3) An order under subsection (2) above is in this Act referred to as a "special extinguishment order".
|
| |
(4) Before making a special extinguishment order, the local highway authority shall consult the police authority for the area in which the path or way lies.
|
| |
(5) The Secretary of State shall not confirm a special extinguishment order, and a council shall not confirm such an order as an unopposed order, unless he, or as the case may be, they are satisfied that it is expedient to do so having regard to all the circumstances, and in particular to-
|
| |
(a) the availability of a reasonably convenient alternative route or, if no reasonably convenient alternative route is available, whether it would be reasonably practicable to divert the path or way under section 119B above rather than stopping it up, |
| |
(b) in the case of an order made by virtue of subsection (1)(a) above, whether and, if so, to what extent the order is consistent with any strategy for the reduction of crime and disorder prepared under section 6 of the Crime and Disorder Act 1998, |
| |
(c) in the case of an order made by virtue of subsection (1)(b) above, what other measures have been or could be taken for improving or maintaining the security of the school and whether and, if so, to what extent, the order is consistent with any strategy for improving or maintaining that security, and |
| |
(d) the effect which the stopping up of the path or way would be likely to have as respects land served by the path or way, account being taken of the provisions as to compensation contained in section 28 above as applied by section 121(2) below. |
| |
(6) A special extinguishment order shall be in such form as may be prescribed by regulations made by the Secretary of State and shall contain a map, on such scale as may be prescribed, defining the land over which the public right of way is thereby extinguished.
|
| |
(7) Schedule 6 to this Act has effect as to the making, confirmation, validity and date of operation of special extinguishment orders.
|
| |
(8) In this section-
|
| |
"designated urban area" means an urban area designated by the Secretary of State by order for the purposes of this section; |
| |
"school" has the same meaning as in the Education Act 1996." |
|
| | 3. After section 119A of the 1980 Act there is inserted-
|
| |
| "Diversion of footpaths and bridleways for purposes of crime prevention, etc. |
119B. - (1) This section applies where it appears to a local highway authority-
|
|
(a) that, as respects a footpath or bridleway which is in a designated urban area and for which they are the highway authority, it is expedient, in the interests of preventing or reducing crime which would otherwise disrupt the life of the community, that the line of the path or way should be diverted (whether on to land of the same or another owner, lessee or occupier), or |
| |
(b) that, as respects any footpath or bridleway which crosses land occupied for the purposes of a school and for which they are the highway authority, it is expedient, in the interests of protecting the pupils or staff from violence or the threat of violence, from harassment, alarm or distress or from any other risk to their health or safety, that the line of the path or way, or part of that line, should be diverted (whether on to land of the same or another owner, lessee or occupier). |
| |
(2) Where this section applies, the local highway authority may by order made by them and submitted to and confirmed by the Secretary of State, or confirmed as an unopposed order-
|
| |
(a) create, as from such date as may be specified in the order, any such new footpath or bridleway as appears to the council requisite for effecting the diversion, and |
| |
(b) extinguish, as from such date as may be so specified in accordance with the provisions of subsection (6) below, the public right of way over so much of the path or way as appears to the authority to be requisite as mentioned in paragraph (a) or (b) of subsection (1) above. |
| |
(3) An order under subsection (2) above is in this Act referred to as a "special diversion order".
|
| |
(4) Before making a special diversion order, the local highway authority shall consult the police authority for the area in which the path or way is situated.
|
| |
(5) A special diversion order shall not alter a point of termination of the path or way-
|
| |
(a) if that point is not on a highway, or |
| |
(b) (where it is on a highway) otherwise than to another point which is on the same highway, or a highway connected with it. |
| |
(6) Where it appears to the local highway authority that work requires to be done to provide necessary facilities for the convenient exercise of any such new public right of way as is mentioned in subsection (2)(a) above, the date specified under subsection (2)(b) above shall be later than the date specified under subsection (2)(a) above by such time as appears to the council requisite for enabling the work to be carried out.
|
| |
(7) A right of way created by a special diversion order may be either unconditional or (whether or not the right of way extinguished by the order was subject to limitations or conditions of any description) subject to such limitations and conditions as may be specified in the order.
|
| |
(8) Before determining to make a special diversion order, the local highway authority may enter into an agreement with an owner, lessee or occupier of the land under which the owner, lessee or occupier agrees to defray, or to make such contribution as may be specified in the agreement towards,-
|
| |
(a) any compensation which may become payable under section 28 above as applied by section 121(2) below, or |
| |
(b) any expenses which the authority may incur in bringing the new site of the path or way into fit condition for use for the public. |
| |
(9) The Secretary of State shall not confirm a special diversion order, and a highway authority shall not confirm such an order as an unopposed order, unless he, or as the case may be, they are satisfied that it is expedient to do so having regard to all the circumstances, and in particular-
|
| |
(a) in the case of an order made by virtue of subsection (1)(a) above, whether and, if so, to what extent the order is consistent with any strategy for the reduction of crime and disorder prepared under section 6 of the Crime and Disorder Act 1998, |
| |
(b) in the case of an order made by virtue of subsection (1)(b) above, what other measures have been or could be taken for improving or maintaining the security of the school and whether and, if so, to what extent, the order is consistent with any strategy for improving or maintaining that security, |
| |
(c) the effect which the coming into operation of the order would have as respects other land served by the existing public right of way, |
| |
(d) the effect which any new public right of way created by the order would have as respects the land over which the right is so created and any land held with it, |
| |
so, however, that for the purposes of paragraphs (c) and (d) above the authority shall take into account the provisions as to compensation referred to in subsection (8)(a) above.
|
| |
(10) A special diversion order shall be in such form as may be prescribed by regulations made by the Secretary of State and shall contain a map, on such scale as may be so prescribed-
|
| |
(a) showing the existing site of so much of the line of the path or way as is to be diverted by the order and the new site to which it is to be diverted, |
| |
(b) indicating whether a new right of way is created by the order over the whole of the new site or whether some part 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, |
| |
(11) Schedule 6 to this Act has effect as to the making, confirmation, validity and date of operation of special diversion orders.
|
| |
(12) Section 27 above (making of new footpaths and bridleways) applies to a footpath or bridleway created by a special diversion order with the substitution, for references to a public path creation order, of references to a special diversion order and, for references to section 26(2) above, of references to section 120(3) below.
|
| |
(13) In this section-
|
| |
"designated urban area" means an area designated by order under section 118B(6) above; |
| |
"school" has the same meaning as in the Education Act 1996.". |
|
| | 4. - (1) Section 120 of the 1980 Act (exercise of powers of making public path extinguishment and diversion orders) is amended as follows.
|
| |
(2) In subsections (1) and (2), for "to 119A" there is substituted "to 119B".
|
| |
(3) In subsection (3), for "or 118A(1) or 119A(1)" there is substituted ", 118A(1), 119B(1)(a) or (b), 119A(1) or 119B(1)(a) or (b)".
|
| |
(4) After subsection (3A) there is inserted-
|
| |
|
"(3B) The power of the Secretary of State to make a special extinguishment order or a special diversion order by virtue of subsection (3) above is exercisable only after consultation with the police authority in whose area the path or way lies."
|
|
| | 5. - (1) Section 121 of the 1980 Act (supplementary provisions as to public path extinguishment and diversion orders) is amended as follows.
|
| |
(2) In subsections (1) and (4)-
|
| |
(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 or a special diversion order". |
| |
(3) In subsections (2) and (3)-
|
| |
(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 and special diversion orders". |
| | 6. 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 or a special diversion order". |
| | 7. In section 325 of the 1980 Act (regulations, schemes and orders), in subsection (1)(d), for "118, 119," there is substituted "118, 118B(2), 119, 119B(2),".
|
| | 8. In section 329(1) of the 1980 Act (interpretation)-
|
| |
(a) after the definition of "service area" there is inserted- |
| |
|
""special diversion order" means an order under section 119B(2) above;", and |
|
| |
(b) after the definition of "special enactment" there is inserted- |
| |
|
""special extinguishment order" means an order under section 118B(2) above. |
| | 9. - (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) 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 or a special diversion order". |
| |
(3) In paragraph 2(3A)-
|
| |
(a) after "rail crossing extinguishment orders," there is inserted "special extinguishment orders", and |
| |
(b) for "or rail crossing diversion orders" there is substituted ", rail crossing diversion orders or special diversion orders". |
| |
(4) In paragraph 2(3B)-
|
| |
(a) after "draft rail crossing extinguishment orders," there is inserted "draft special extinguishment orders", and |
| |
(b) for "or draft rail crossing diversion orders" there is substituted ", draft rail crossing diversion orders or draft special diversion orders"." |
|
