Countryside and Rights of Way Bill.

Countryside and Rights of Way Bill. - continued	House of Commons
SCHEDULE 6, AMENDMENTS RELATING TO CREATION, STOPPING UP AND DIVERSION OF PUBLIC RIGHTS OF WAY - continued
PART I, AMENDMENTS OF HIGHWAYS ACT 1980 - continued

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8. - (1) Section 120 of the 1980 Act (exercise of powers of making public path extinguishment and diversion orders) is amended as follows.

(2) In subsection (1), for "to 119A" there is substituted "to 119B".

(3) In subsection (2)-

(a) for "to 119A" there is substituted "to 119D", and

(b) for "footpath or bridleway", wherever occurring, there is substituted "highway".

(4) In subsection (3)-

(a) for "or 118A(1) or 119A(1)" there is substituted "118A(1), 118B(1)(a) or (b), 119A(1) or 119B(1)(a) or (b)",

(b) after "or diverted," there is inserted "or where it appears to the Secretary of State as respects a relevant highway as defined in section 119D(2) above that the condition in section 119D(1)(a) above is satisfied and that it is expedient as mentioned in section 119D(1)(b) above that the way should be diverted",

(c) in paragraph (a), for "a rail crossing diversion order or a public path diversion order" there is substituted "a special extinguishment order, a public path diversion order, a rail crossing diversion order, a special diversion order or an SSSI diversion order", and

(d) in paragraph (b), for "to 119A" there is substituted "to 119D".

(e) for "(subject to subsection (3A) below)" there is substituted "(subject to the following provisions of this section)", and

(f) at the end there is inserted "and, in the case of an SSSI diversion order, with the appropriate conservation body".

(5) After subsection (3) there is inserted-

"(3ZA) Where an appeal to the Secretary of State is brought under section 121D(1) below, paragraph (a) of subsection (3) above does not apply, and the power conferred on him by that subsection may be exercised without consultation with the appropriate authority."

(6) After subsection (3A) there is inserted-

	"(3B) Unless an appeal to the Secretary of State is brought under section 121D(1) below, the power conferred on the Secretary of State by subsection (3) above to make a special extinguishment order or a special diversion order is exercisable only after consultation with the police authority in whose area the path or way lies.
	(3C) The power conferred on the Secretary of State by subsection (3) above to make an SSSI diversion order may be exercised even though the appropriate countryside body has not made an application under section 119D above to the council who are the highway authority for the highway.
	(3D) Where-
	(a) the appropriate conservation body has made an application under section 119D above to a council in respect of a highway for which the council are the highway authority, and
	(b) the council have neither confirmed the order nor submitted it to the Secretary of State for confirmation within 6 months of receiving the application,
	the power conferred on the Secretary of State by subsection (3) above to make an SSSI diversion order may be exercised without consultation with the council."

(7) In subsection (4)-

(a) for "or a rail crossing diversion order" there is substituted ", a rail crossing diversion order, a special diversion order or an SSSI diversion order", and

(b) for "path or way" there is substituted "highway".

(8) For subsection (5) there is substituted-

	"(5) The Secretary of State may, before determining-
	(a) under subsection (3) above, to make a public path diversion order,
	(b) under subsection (3) above, to make a public path extinguishment order, special extinguishment order, public path diversion order or special diversion order on an appeal under section 121D(1)(a) below,
	(c) to confirm a public path extinguishment order, special extinguishment order, public path diversion order or special diversion order in respect of which an appeal under section 121D(1)(b) or (c) below has been brought, or
	(d) under subsection (3) above, to make a rail crossing diversion order on the representations of the operator of the railway concerned,
	require the appropriate person to enter into such agreement as he may specify with such council has he may specify for that person to defray, or to make such contribution as may be specified in the agreement towards, any such compensation or expenses as may be specified in paragraphs (a), (b) and (c) of section 119(5), or as the case may be, section 118ZA(6), 119A(8) or 119C(3) above.
	(6) In subsection (5) above "the appropriate person" means-
	(a) in a case falling within paragraph (a) of that subsection-
	(i) where an appeal under section 121D(1)(a) below has been brought, the appellant, or
	(ii) in any other case, the person on whose representations he is acting,
	(b) in a case falling within paragraph (b) or (c) of that subsection, the appellant, and
	(c) in a case falling within paragraph (d) of that subsection, the operator of the railway concerned."

(9) After subsection (6) there is inserted-

"(7) Where under subsection (3) above the Secretary of State decides to make an SSSI diversion order he may require the appropriate conservation body to enter into an agreement with such council as he may specify for the body to defray, or to make such contribution as may be specified in the agreement towards, any such compensation or expenses as are specified in paragraphs (a), (b) and (c) of section 119D(8) above.

(8) In this section "the appropriate conservation body" has the same meaning as in section 119D above."

9. - (1) Section 121 of the 1980 Act (supplementary provisions as to public path extinguishment and diversion orders) is amended as follows.

(2) In subsection (1)-

(a) after "rail crossing extinguishment order," there is inserted "a special extinguishment order",

(b) for "or a rail crossing diversion order" there is substituted ", a rail crossing diversion order, a special diversion order or an SSSI diversion order", and

(3) In subsection (2)-

(a) after "rail crossing extinguishment orders," there is inserted "special extinguishment orders",

(b) for "and rail crossing diversion orders" there is substituted ", rail crossing diversion orders, special diversion orders and SSSI diversion orders", and

	" but as if-
	(a) the references in it to section 26(2) above were references to section 120(3) above, and
	(b) in relation to SSSI diversion orders, the reference in section 28(4) to a footpath or bridleway included a reference to a restricted byway or a highway over which the public have a right of way for vehicular and all other kinds of traffic.".

(4) In subsection (3)-

(a) for "(protection for agriculture and forestry)" there is substituted "(duty to have regard to agriculture, forestry and nature conservation)",

(b) after "rail crossing extinguishment orders," there is inserted "special extinguishment orders", and

(c) for "and rail crossing diversion orders" there is substituted ", rail crossing diversion orders, special diversion orders and SSSI diversion orders".

(5) In subsection (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, a special diversion order or an SSSI diversion order".

(6) After subsection (5) there is inserted-

	"(5A) Before making a determination under subsection (5) above the appropriate Minister may, if he thinks fit, give any person an opportunity to be heard on the question, and he must either give such an opportunity or cause a local inquiry to be held if a request to be heard with respect to the question to be determined is made-
	(a) by the statutory undertakers,
	(b) in the case of an order made on an application under section 118ZA, 118C, 119ZA or 119C above, by the person who made the application, and
	(c) in the case of an order to be made on an appeal under section 121D(1)(a) below, by the appellant.
	(5B) The appropriate Minister may appoint any person to exercise on his behalf, with or without payment, the function of determining a question falling to be determined under subsection (5) above.
	(5C) Schedule 12ZA to this Act shall have effect with respect to appointments under subsection (5B) above; and subsection (5A) above has effect subject to the provisions of that Schedule.
	(5D) Subsections (2) to (5) of section 250 of the Local Government Act 1972 (giving of evidence at, and defraying of costs of, inquiries) shall apply in relation to hearings or local inquiries which the appropriate Minister causes to be held under subsection (5A) above as they apply (by virtue of section 302(1) of this Act) to local inquiries which the Secretary of State causes to be held under this Act.
	(5E) Section 322A of the Town and Country Planning Act 1990 (orders as to costs where no hearing or inquiry takes place) applies in relation to a hearing or inquiry under subsection (5A) above as it applies in relation to a hearing or local inquiry for the purposes referred to in that section, but as if references to the Secretary of State were references to the appropriate Minister."

(7) In subsection (6), for "subsection (5)" there is substituted "subsections (5) to (5E)".

10. After section 121 of the 1980 Act there is inserted-

"Regulations with respect to applications for orders.

121A. - (1) The Secretary of State may by regulations make provision as respects applications under section 118ZA, 118C, 119ZA or 119C above-

(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,

(b) requiring the applicant to give notice of the application to such persons as may be prescribed,

(c) requiring the applicant to certify that any requirement of regulations under this section has been complied with or to provide evidence that any such requirement has been complied with,

(d) as to the publicising of any application,

(e) as to the form, content and service of such notices and certificates, and

(f) as to the remission or refunding in prescribed circumstances of the whole or part of any prescribed charge.

(2) If any person-

(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

(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,

he shall be guilty of an offence.

(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.

(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.

Prepared 24 May 2000