| "Application for a public path creation order. | 26A.—(1) Any person may apply to a council for the area in which the land is situated for the making of a public path creation order to create a footpath or bridleway over 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 created, and by such other information as may be prescribed.
(3) An application may be made by the owner, lessee or occupier of any land used for agriculture, forestry or the breeding or keeping of horses for a creation order concurrently with an application under section 118ZA or 119ZA for a public path diversion order or extinguishment order, and such an application is referred to in this section as a 'concurrent application'.
(4) Regulations may provide—
(a) that a prescribed fee is payable on the making of a concurrent 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, after consulting such persons as may be prescribed, determine the application as soon as reasonably practicable.
(7) Before determining to make a public path creation order on a concurrent 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 below.
(8) Where—
(a) an application under this section has been made to a council, and
(b) the council have not determined the application within twelve 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.
(9) 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.
(10) This section has effect subject to the provisions of sections 121A and 121C below.
(11) In this section—
'prescribed' means prescribed by regulations;
'regulations' means regulations made by the Secretary of State.".'.
Mr James Paice
Mr Damian Green
Mr Geoffrey Clifton-Brown
533
Schedule 6, page 49, line 22, leave out 'or bridleway' and insert 'bridleway, restricted byway or byway open to all traffic'.
Mr James Paice
Mr Damian Green
Mr Geoffrey Clifton-Brown
564
Schedule 6, page 49, line 30, leave out from 'section' to end of line 32.
Mr James Paice
Mr Damian Green
Mr Geoffrey Clifton-Brown
562
Schedule 6, page 49, line 30, at end insert—
'( ) that where any prescribed fee exceeds the costs actually incurred by the council, the fee payable shall not exceed those costs, and
( ) that prescribed fees may be reduced or waived by the council in recognition of any benefit to the public if the application is granted, and'.
Mr David Kidney
577
*Schedule 6, page 49, line 37, after 'shall', insert ', after consulting such persons as may be prescribed,'.
Mr David Kidney
578
*Schedule 6, page 49, line 49, leave out 'four' and insert 'twelve'.
Mr James Paice
Mr Damian Green
Mr Geoffrey Clifton-Brown
567
Schedule 6, page 49, line 51, after first 'council', insert ', and in any case within four months of receiving the request from the applicant'.
Mr David Kidney
579
*Schedule 6, page 50, leave out lines 17 and 18 and insert—
'(a) for "the representations of an owner, lessee or occupier of land crossed by the path or way" there is inserted "on an application under section 119ZA below".'.
Mr David Kidney
580
*Schedule 6, page 50, line 19, leave out 'or representations'.
Mr James Paice
Mr Damian Green
Mr Geoffrey Clifton-Brown
534
Schedule 6, page 50, line 26, leave out 'or bridleway' and insert ', bridleway, restricted byway or byway open to all traffic'.
Mr James Paice
Mr Damian Green
Mr Geoffrey Clifton-Brown
565
Schedule 6, page 50, line 52, leave out from 'section' to end of line 2 on page 5.
Mr James Paice
Mr Damian Green
Mr Geoffrey Clifton-Brown
563
Schedule 6, page 50, line 52, at end insert—
'( ) that where any prescribed fee exceeds the costs actually incurred by the council, the fee payable shall not exceed those costs, and
( ) that prescribed fees may be reduced or waived by the council in recognition of any benefit to the public if the application is granted, and'.
Mr David Kidney
581
*Schedule 6, page 51, line 7, after 'shall', insert ', after consulting such persons as may be prescribed,'.
Mr David Kidney
582
*Schedule 6, page 51, line 12, leave out 'four' and insert 'twelve'.
Mr James Paice
Mr Damian Green
Mr Geoffrey Clifton-Brown
568
Schedule 6, page 51, line 14, after first 'council', insert ', and in any case within four months of receiving the request from the applicant,'.
Mr David Kidney
575
*Schedule 6, page 52, line 50, after 'public', insert 'free of charge'.
Mr James Paice
Mr Damian Green
Mr Geoffrey Clifton-Brown
566
Schedule 6, page 53, leave out lines 12 to 20.
Mr James Paice
Mr Damian Green
Mr Geoffrey Clifton-Brown
569
Schedule 6, page 54, line 35, leave out 'is'.
Mr James Paice
Mr Damian Green
Mr Geoffrey Clifton-Brown
537
Schedule 7, page 54, line 44, leave out 'or bridleway' and insert ', bridleway, restricted byway or byway open to all traffic'.
Mr James Paice
Mr Damian Green
Mr Geoffrey Clifton-Brown
535
Schedule 7, page 55, line 3, leave out 'or bridleway' and insert ', bridleway, restricted byway or byway open to all traffic'.
Mr James Paice
Mr Damian Green
Mr Geoffrey Clifton-Brown
536
Schedule 7, page 55, line 3, leave out from 'bridleway' to 'for' in line 4.
Mr James Paice
Mr Damian Green
Mr Geoffrey Clifton-Brown
570
Schedule 7, page 55, line 6, leave out from 'crime' to ', that' in line 7.
Mr James Paice
Mr Damian Green
Mr Geoffrey Clifton-Brown
538
Schedule 7, page 55, line 9, leave out 'or bridleway' and insert ', bridleway, restricted byway or byway open to all traffic'.
Mr James Paice
Mr Damian Green
Mr Geoffrey Clifton-Brown
539
Schedule 7, page 56, leave out lines 5 to 7.
Mr James Paice
Mr Damian Green
Mr Geoffrey Clifton-Brown
540
Schedule 7, page 56, line 13, leave out 'or bridleway' and insert', bridleway, restricted byway or byway open to all traffic.
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