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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    "2ZA. - (1) Where a public path extinguishment order, a special extinguishment order, a public path diversion order or a special diversion order is made by an authority other than the Secretary of State on an application under section 118ZA, 118C, 119ZA or 119C of this Act, that authority shall, as soon as reasonably practicable after the expiry of the time for representations, determine-
 
 
    (a) whether, in the case of an unopposed order, to confirm it under paragraph 2(1)(b) above, or
 
    (b) whether to submit the order to the Secretary of State.
      (2) The authority making a determination required by sub-paragraph (1) above shall, as soon as practicable after making it, give to the applicant notice in writing of their determination and the reasons for it and give a copy of the notice to such other persons as may be prescribed.
 
      (3) Where-
 
 
    (a) an authority other than the Secretary of State have made a public path extinguishment order, a special extinguishment order, a public path diversion order or a special diversion order on an application under section 118ZA, 118C, 119ZA or 119C of this Act, and
 
    (b) at the end of the period of two months beginning with the expiry of the time for representations, that authority have not determined-
 
      (i) whether, in the case of an unopposed order, to confirm it under paragraph 2(1)(b) above, or
 
      (ii) whether to submit the order to the Secretary of State,
 
    the Secretary of State may, at the request of the person on whose application the order was made, by direction require the authority to determine that question before the end of such period as may be specified in the direction.
      (4) In this paragraph "the time for representations" means the time specified by the authority in accordance with paragraph 1(1)(c) above.
 
  2ZB. Where, in relation to any public path extinguishment, special extinguishment order, public path diversion order or special diversion order which was made by an authority other than the Secretary of State on an application under section 118ZA, 118C, 119ZA or 119C of this Act, no representations or objections are duly made or any representations or objections so made are withdrawn, that authority may not submit the order to the Secretary of State for confirmation with any modification of the map contained in the order."
 
      (7) In paragraph 2A(1), for the words from the beginning to "shall" there is substituted-
 
 
  " The following decisions-
 
    (a) a decision of the Secretary of State under paragraph 2 above as respects an order made by an authority other than the Secretary of State, and
 
    (b) a decision of the Secretary of State under section 121E(1)(c) of this Act, including any related decision under section 120(5) of this Act,
       shall".
 
      (8) After paragraph 2A there is inserted-
 
 
    "2B. - (1) Subject to sub-paragraph (2), subsections (2) to (5) of section 250 of the Local Government Act 1972 (giving of evidence at, and defraying of costs of, inquiries) apply to a hearing which the Secretary of State causes to be held under paragraph 2 above as they apply (by virtue of section 302(1) of this Act) to a local inquiry which he causes to be held under this Act.
 
      (2) In its application to a hearing or local inquiry held under paragraph 2 above by a person appointed under paragraph 2A(1) above, subsection (5) of section 250 of that Act shall have effect as if the reference to the Minister causing the inquiry to be held were a reference to the person so appointed or the Secretary of State.
 
      (3) 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 paragraph 2 above as it applies in relation to a hearing or local inquiry for the purposes referred to in that section.".
 
      (9) In paragraph 3(2)-
 
 
    (a) for "or a rail crossing extinguishment order" there is substituted ", a rail crossing extinguishment order or 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".
      (10) At the end of paragraph 4(3) there is inserted "other than any person on whom notice of the decision is required to be served under paragraph 2ZA(2) above".
 
     17. After Schedule 12 to the 1980 Act there is inserted-
 
 
 
 

 
 
 
"Schedule 12ZA
 
DELEGATION OF FUNCTION OF MAKING DETERMINATION
 
Interpretation
     1. In this Schedule-
 
 
    "appointed person" means a person appointed under section 121(5B) of this Act;
 
    "appropriate Minister" has the same meaning as in section 121(5) of this Act;
 
    "appointment", in the case of any appointed person, means appointment under section 121(5B) of this Act.
 
Appointments
     2. An appointment under section 121(5B) of this Act must be in writing and-
 
 
    (a) may relate to a particular question specified in the appointment or to questions of a description so specified,
 
    (b) may provide for any function to which it relates to be exercisable by the appointed person either unconditionally or subject to the fulfilment of such conditions as may be specified in the appointment, and
 
    (c) may, by notice in writing given to the appointed person, be revoked at any time by the appropriate Minister in respect of any question which has not been determined by the appointed person before that time.
 
Powers of appointed person
     3. Subject to the provisions of this Schedule, an appointed person shall, in relation to the determination of any question to which his appointment relates, have the same powers and duties as the appropriate Minister, other than-
 
 
    (a) any function of holding an inquiry or other hearing or of causing an inquiry or other hearing to be held; or
 
    (b) any function of appointing a person for the purpose-
 
      (i) of enabling persons to appear before and be heard by the person so appointed; or
 
      (ii) of referring any question or matter to that person.
 
Holding of inquiries and other hearings by appointed persons
     4. - (1) If either of the following persons-
 
 
    (a) the statutory undertakers to which the question relates, and
 
    (b) in the case of an order to be made on an application under section 118ZA, 118C, 119ZA or 119C of this Act, the person who made the application,
       express a wish to appear before and be heard by the appointed person, the appointed person shall give them an opportunity of appearing and being heard.
 
      (2) Whether or not sub-paragraph (1) above applies, the appointed person-
 
 
    (a) may hold an inquiry or other hearing in connection with the determination of the question, and
 
    (b) shall, if the appropriate Minister so directs, hold an inquiry in connection with that determination.
      (3) Where an appointed person holds an inquiry or other hearing by virtue of this Schedule, an assessor may be appointed by the appropriate Minister to sit with the appointed person at the inquiry or hearing and advise him on any matters arising, notwithstanding that the appointed person is to determine the question.
 
      (4) Subject to paragraph 7 below, the costs of an inquiry or other hearing held under this Schedule shall be defrayed by the appropriate Minister.
 
 
Revocation of appointments and making of new appointments
     5. - (1) Where under paragraph 2(c) above the appointment of the appointed person is revoked in respect of any question, the appropriate Minister shall, unless he proposes to determine the question himself, appoint another person under section 121(5B) of this Act to determine the question instead.
 
      (2) Where such a new appointment is made, the consideration of the question, or any hearing in connection with it, shall be begun afresh.
 
      (3) Nothing in sub-paragraph (2) above shall require any person to be given an opportunity of making fresh representations or modifying or withdrawing any representations already made.
 
 
Certain acts and omissions of appointed person to be treated as those of appropriate Minister
     6. - (1) Anything done or omitted to be done by an appointed person in, or in connection with, the exercise or purported exercise of any function to which the appointment relates shall be treated for all purposes as done or omitted to be done by the appropriate Minister.
 
      (2) Sub-paragraph (1) above does not apply-
 
 
    (a) for the purposes of so much of any contract made between the appropriate Minister and the appointed person as relates to the exercise of the function, or
 
    (b) for the purposes of any criminal proceedings brought in respect of anything done or omitted to be done as mentioned in that sub-paragraph.
 
Local inquiries and hearings: evidence and costs
     7. Subsections (2) to (5) of section 250 of the Local Government Act 1972 (local inquiries: evidence and costs) shall apply to local inquiries or other hearings which under this Schedule an appointed person causes to be held as they apply to inquiries caused to be held under that section by a Minister, but as if-
 
 
    (a) in subsection (2) (evidence) the reference to the person appointed to hold the inquiry were a reference to the appointed person,
 
    (b) in subsection (4) (recovery of costs of holding inquiry) references to the Minister causing the inquiry to be held were references to the appropriate Minister, and
 
    (c) in subsection (5) (orders as to the costs of the parties) the reference to the Minister causing the inquiry to be held were a reference to the appointed person or the appropriate Minister."
 
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