Countryside and Rights of Way Bill. - continued        House of Commons

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SCHEDULE 6
 
  AMENDMENTS RELATING TO CREATION, STOPPING UP AND DIVERSION OF PUBLIC RIGHTS OF WAY
  PART I
  AMENDMENTS OF HIGHWAYS ACT 1980
     1. For section 29 of the 1980 Act there is substituted-
 
 
"Duty to have regard to agriculture, forestry and nature conservation.     29. - (1) In the exercise of their functions under this Part of this Act relating to the making of public path creation agreements and public path creation orders it shall be the duty of councils-
 
    (a) to have due regard to the needs of agriculture and forestry, and
 
    (b) in any case where a duty to have regard to the desirability of conserving flora, fauna and geological and physiographical features is not imposed by the enactments specified in subsection (2) below, to have due regard to the desirability of conserving them.
      (2) The enactments referred to in subsection (1)(b) above are-
 
 
    (a) section 11A of the National Parks and Access to the Countryside Act 1949 (duties in relation to National Parks),
 
    (b) section 11 of the Countryside Act 1968 (general duty of public bodies in relation to the countryside), and
 
    (c) section 2 of the Norfolk and Suffolk Broads Act 1988 (functions of Broads Authority)."
     2. In section 36 of the 1980 Act (highways maintainable at public expense) in subsection (2), after paragraph (e) there is inserted-
 
 
    "(f) a highway, being a footpath or bridleway, created in consequence of a special diversion order;
 
    (g) a highway, being a footpath, a bridleway, a restricted byway or a way over which the public have a right of way for vehicular and all other kinds of traffic, created in consequence of an SSSI diversion order."
     3. 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 it is proposed that the public right of way should be extinguished, and by such other information as may be prescribed.
 
      (3) Regulations may provide-
 
 
    (a) that a prescribed charge is payable on the making of an application under this section, and
 
    (b) that further prescribed charges are payable by the applicant if the council make a public path extinguishment order on the application.
      (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, by direction require 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) The council to whom an application under this section has been made may make a public path extinguishment order on the application only if the land over which the public right of way is to be extinguished by the order is that shown for the purposes of subsection (2) above on the map accompanying the application.
 
      (10) Any reference in this Act to the map accompanying an application under this section includes a reference to any revised map submitted by the applicant in prescribed circumstances in substitution for that map.
 
      (11) This section has effect subject to the provisions of sections 121A and 121C below.
 
      (12) In this section-
 
 
    "prescribed" means prescribed by regulations;
 
    "regulations" means regulations made by the Secretary of State."
     4. 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 council-
 
    (a) that, as respects a footpath or bridleway which is both in their area and in a designated urban area, 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) that, as respects any footpath or bridleway in their area which crosses land occupied for the purposes of a school, it is expedient, in the interests of protecting the pupils or staff from-
 
      (i) violence or the threat of violence,
 
      (ii) harassment,
 
      (iii) alarm or distress arising from unlawful activity, or
 
      (iv) any other risk to their health or safety arising from such activity,
 
    that the path or way should be stopped up.
      (2) References in subsection (1) above to a footpath or bridleway do not include references to a footpath or bridleway that is a trunk road or a special road.
 
      (3) Where this section applies, the council 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.
 
      (4) An order under subsection (3) above is in this Act referred to as a "special extinguishment order".
 
      (5) Before making a special extinguishment order, the council shall consult the police authority for the area in which the path or way lies.
 
      (6) 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 below 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 it is likely that the coming into operation of the order will result in a substantial improvement in 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.
      (7) 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.
 
      (8) Schedule 6 to this Act has effect as to the making, confirmation, validity and date of operation of special extinguishment orders.
 
      (9) In this section "designated urban area" means an urban area designated by the Secretary of State by order for the purposes of this section.
 
Application by proprietor of school for special extinguishment order.     118C. - (1) The proprietor of a school may apply to a council for the area in which any land occupied for the purposes of the school is situated for the making by virtue of section 118B(1)(b) above of a special extinguishment order in relation to any footpath or bridleway which crosses that land.
 
      (2) Subsections (2) to (11) of section 118ZA above shall apply to applications under this section as they apply to applications under that section, with the substitution for references to a public path extinguishment order of references to a special extinguishment order; and regulations made under that section by virtue of this subsection may make different provision for the purposes of this section and for the purposes of that section.".
 
     5. 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 who made the application or representations".
     6. After section 119 of the 1980 Act there is inserted-
 
 
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