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Amendments made: No. 229, in page 51, line 6, after second "of" insert--
'a special diversion order or'.
No. 230, in page 52, line 19, leave out from "that" to "of" in line 21 and insert--
'as respects any relevant highway for which they are the highway authority and which is in an area designated by the Secretary of State by order for the purposes of this section, the conditions in subsection (1B) below are satisfied and it is expedient, for the purpose'.
No. 231, in page 52, line 23, leave out "path or way" and insert "highway".
No. 232, in page 52, line 24, leave out--
'footpath or bridleway in their area'
'relevant highway for which they are the highway authority and'.
No. 233, in page 52, line 26, leave out "in the interests" and insert "for the purpose".
No. 234, in page 52, line 34, leave out "path or way" and insert "highway".
No. 235, in page 52, leave out lines 35 to 37 and insert--
'(1A) In subsection (1) above "relevant highway" means--
(a) any footpath, bridleway or restricted byway,
(b) any highway which is shown in a definitive map and statement as a footpath, a bridleway, or a restricted byway, but over which the public have a right of way for vehicular and all other kinds of traffic, or
(c) any highway which is shown in a definitive map and statement as a byway open to all traffic,
but does not include a highway that is a trunk road or a special road.
(1B) The conditions referred to in subsection (1)(a) above are--
(a) that premises adjoining or adjacent to the highway are affected by high levels of crime, and
(b) that the existence of the highway is facilitating the persistent commission of criminal offences.'.
No. 236, in page 52, line 41, leave out "path or way" and insert "highway".
No. 237, in page 52, line 45, leave out "path or way" and insert "highway".
No. 238, in page 52, line 47, leave out from beginning to end of page 53, line 19 and insert--
'(6) The Secretary of State shall not confirm a special extinguishment order made by virtue of subsection (1)(a) above, and a council shall not confirm such an order as an opposed order, unless he or, as the case may be, they are satisfied that the conditions in
(a) 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,
(b) 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 highway under section 119B below rather than stopping it up, and
(c) the effect which the extinguishment of the right of way would have as respects land served by the highway, account being taken of the provisions as to compensation contained in section 28 above as applied by section 121(2) below.
(6A) The Secretary of State shall not confirm a special extinguishment order made by virtue of subsection (1)(b) above, and a council shall not confirm such an order as an opposed order unless he or, as the case may be, they are satisfied that the stopping up of the highway is expedient as mentioned in subsection (1)(b) above and that it is expedient to confirm the order having regard to all the circumstances, and in particular to--
(a) any other measures that have been or could be taken for improving or maintaining the security of the school,
(b) whether it is likely that the coming into operation of the order will result in a substantial improvement in that security,
(c) 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 highway under section 119B below rather than stopping it up, and
(d) the effect which the extinguishment of the right of way would have as respects land served by the highway, account being taken of the provisions as to compensation contained in section 28 above as applied by section 121(2) below.'.
No. 239, in page 53, leave out lines 28 to 30.
No. 240, in page 53, line 31, leave out from "council" to end of line 35 and insert--
'for the making by virtue of section 118B(1)(b) above of a special extinguishment order in relation to any highway for which the council are the highway authority and which--
(a) crosses land occupied for the purposes of the school, and
(b) is a relevant highway as defined by section 118B(1A) above.'.
No. 241, in page 55, line 28, leave out from "that" to "of" in line 30 and insert--
'as respects any relevant highway for which they are the highway authority and which is in an area designated by the Secretary of State by order under section 118B(1)(a) above, the conditions in subsection (1B) below are satisfied and it is expedient, for the purpose'.
No. 242, in page 55, line 32, leave out "path or way" and insert--
'highway, or part of that line'.
No. 243, in page 55, line 35, leave out--
'footpath or bridleway in their area'
'relevant highway for which they are the highway authority and'.
No. 244, in page 55, line 37, leave out "in the interests" and insert "for the purpose".
No. 245, in page 55, line 45, leave out "path or way" and insert "highway".
No. 246, in page 55, leave out lines 48 to 50 and insert--
'(1A) In subsection (1) above "relevant highway" means--
(a) any footpath, bridleway or restricted byway,
(b) any highway which is shown in a definitive map and statement as a footpath, a bridleway, or a restricted byway, but over which the public have a right of way for vehicular and all other kinds of traffic, or
(c) any highway which is shown in a definitive map and statement as a byway open to all traffic,
but does not include a highway that is a trunk road or a special road.
(1B) The conditions referred to in subsection (1)(a) above are--
(a) that premises adjoining or adjacent to the highway are affected by high levels of crime, and
(b) that the existence of the highway is facilitating the persistent commission of criminal offences.'.
No. 247, in page 56, line 3, leave out from "such" to "as" and insert--
'(i) new footpath, bridleway or restricted byway, or
(ii) in a case falling within subsection (1A)(b) or (c) above, new highway over which the public have a right of way for vehicular and all other kinds of traffic,'.
No. 248, in page 56, line 7, leave out "path or way" and insert "highway".
No. 249, in page 56, line 13, leave out "path or way" and insert "highway".
No. 250, in page 56, line 16, leave out "path or way" and insert "highway".
No. 251, in page 56, line 31, leave out "and" and insert "or".
No. 252, in page 56, leave out lines 33 to 57 and insert--
'(9) The Secretary of State shall not confirm a special diversion order made by virtue of subsection (1)(a) above, and a council shall not confirm such an order as an opposed order unless he or, as the case may be, they are satisfied that the conditions in subsection (1B) above are satisfied, that the diversion of the highway is expedient as mentioned in subsection (1)(a) above and that it is expedient to confirm the order having regard to all the circumstances, and in particular to--
(a) 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,
(b) the effect which the coming into operation of the order would have as respects land served by the existing public right of way, and
(c) the effect which any new public right of way created by the order would have as respects the land over which the right is so created and any land held with it,
so, however, that for the purposes of paragraphs (b) and (c) above the Secretary of State or, as the case may be, the council shall take into account the provisions as to compensation contained in section 28 above as applied by section 121(2) below.
(9A) The Secretary of State shall not confirm a special diversion order made by virtue of subsection (1)(b) above, and a council shall not confirm such an order as an opposed order unless he or, as the case may be, they are satisfied that the diversion of the highway is expedient as mentioned in subsection (1)(b) above and that it is expedient to confirm the order having regard to all the circumstances, and in particular to--
(a) any other measures that have been or could be taken for improving or maintaining the security of the school,
(b) whether it is likely that the coming into operation of the order will result in a substantial improvement in that security,
(d) the effect which any new public right of way created by the order would have as respects the land over which the right is so created and any land held with it,
so, however, that for the purposes of paragraphs (c) and (d) above the Secretary of State or, as the case may be, the council shall take into account the provisions as to compensation contained in section 28 above as applied by section 121(2) below.'.
No. 253, in page 57, line 5, leave out "path or way" and insert "highway".
No. 254, in page 57, line 9, leave out "footpath or bridleway" and insert "highway".
No. 255, in page 57, leave out lines 16 to 23 and insert--
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