"Stopping up of footpaths and bridleways for purposes of crime prevention, etc. |
118B. - (1) This section applies where it appears to a council- |
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(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 |
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(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- |
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(i) violence or the threat of violence,
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(iii) alarm or distress arising from unlawful activity, or
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(iv) any other risk to their health or safety arising from such activity,
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that the path or way should be stopped up. |
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(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. |
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(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. |
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(4) An order under subsection (3) above is in this Act referred to as a "special extinguishment order". |
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(5) Before making a special extinguishment order, the council shall consult the police authority for the area in which the path or way lies. |
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(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- |
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(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, |
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(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, |
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(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 |
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(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. |
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(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. |
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(8) Schedule 6 to this Act has effect as to the making, confirmation, validity and date of operation of special extinguishment orders. |
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(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. |
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(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.". |