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2 (1) | The nominated undertaker may, in connection with the construction of the |
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works authorised by this Act, stop up any bridleway or footpath, or part of |
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a bridleway or footpath, which is— |
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(a) | within the limits of deviation for the scheduled works or within the |
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limits of land to be acquired or used, and |
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(b) | not specified in columns (1) and (2) of the table in paragraph 1. |
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(2) | The power conferred by sub-paragraph (1) shall not be exercised unless the |
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proposed stopping up has been confirmed by the appropriate Ministers |
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upon application by the nominated undertaker. |
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(3) | The appropriate Ministers shall grant an application under sub-paragraph |
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(2) if, but only if, they are satisfied— |
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(a) | that an alternative bridleway or footpath has been provided, |
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(b) | that an alternative bridleway or footpath will be provided before the |
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proposed stopping up takes place, or |
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(c) | that the provision of an alternative bridleway or footpath is not |
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(4) | Where the appropriate Ministers grant an application under sub-paragraph |
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(2), they shall notify the nominated undertaker of the basis on which the |
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(5) | Where the basis on which an application under sub-paragraph (2) is granted |
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is that an alternative bridleway or footpath will be provided, the proposed |
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stopping up shall not take place until the alternative has been provided. |
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(6) | Before making an application under sub-paragraph (2), the nominated |
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undertaker shall publish in at least one local newspaper circulating in the |
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(i) | the bridleway or footpath, or part, proposed to be stopped |
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(ii) | what, if any, alternative bridleway or footpath is proposed, |
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(iii) | if no alternative is proposed, the reasons why, |
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(b) | specifying a place in the relevant area where a map or plan |
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illustrating the proposals may be inspected by any person free of |
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charge at all reasonable hours during a period of 28 days from the |
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date of publication of the notice (“the publication date”), |
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(c) | stating that any person may within that period make representations |
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about confirmation under sub-paragraph (2) of the proposed |
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(d) | specifying the manner in which such representations may be made. |
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(7) | Not later than the publication date, the nominated undertaker shall— |
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(a) | serve a copy of the notice, together with any map or plan to which it |
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refers, on every local authority whose area includes any of the land |
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on which the bridleway or footpath, or part, proposed to be stopped |
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(b) | cause a copy of the notice to be displayed in a prominent position at |
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the ends of the bridleway or footpath, or part, proposed to be |
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(8) | Before granting an application under sub-paragraph (2), the appropriate |
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Ministers shall consider any representations made to them in accordance |
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with the nominated undertaker’s notice which have not been withdrawn. |
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(9) | Unless they direct otherwise, the appropriate Ministers’ functions in relation |
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to an application under sub-paragraph (2) shall, instead of being carried out |
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by them, be carried out by a person appointed by them for the purpose. |
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(10) | In sub-paragraph (6), references to the relevant area are to the area in which |
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the bridleway or footpath, or part, proposed to be stopped up is situated. |
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(11) | In sub-paragraph (7)(a), “local authority” means— |
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(a) | the council of a county, district, parish or London borough, |
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(b) | the Common Council of the City of London, |
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(c) | the London Fire and Emergency Planning Authority, |
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(d) | a joint authority established by Part 4 of the Local Government Act |
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(e) | a housing action trust established under Part 3 of the Housing Act |
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(f) | the parish meeting of a rural parish not having a separate parish |
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(12) | In this paragraph, references to the appropriate Ministers are to the |
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Secretary of State for Environment, Food and Rural Affairs and the Secretary |
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of State for Transport and, in relation to the carrying out of any functions, |
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are to those Ministers acting jointly. |
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3 (1) | On a highway or part of a highway being stopped up under paragraph 1 or |
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(a) | all rights of way over or along it shall be extinguished, and |
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(b) | the Secretary of State may appropriate and use, without making any |
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payment, so much of the site of it as is bounded on both sides by land |
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(2) | The nominated undertaker shall compensate any person who suffers loss by |
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the extinguishment under this paragraph of a private right of way. |
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(3) | Any dispute as to a person’s entitlement to compensation under sub- |
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paragraph (2), or as to the amount of such compensation, shall be |
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determined under and in accordance with Part 1 of the Land Compensation |
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(4) | The Secretary of State shall not be entitled to any mines or minerals under |
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land which he is entitled to appropriate and use under sub-paragraph (1)(b), |
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with the exception of minerals necessarily extracted or used in the |
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construction of the undertaking which the nominated undertaker is |
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authorised to carry on by this Act. |
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(5) | Part 3 of Schedule 2 to the Acquisition of Land Act 1981 (c. 67) (regulation of |
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the working of mines or minerals underlying an authorised undertaking) |
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shall apply in relation to the working of any mines or minerals underlying |
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land which the Secretary of State is entitled to appropriate and use under |
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sub-paragraph (1)(b) with the following modifications— |
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(a) | references to the undertaking shall be construed as references to the |
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undertaking which the nominated undertaker is authorised to carry |
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(b) | in paragraphs 3 to 5 and 7 to 9, references to the acquiring authority |
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shall be construed as references to the nominated undertaker, and |
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(c) | in paragraph 6, the first of the references to the acquiring authority |
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shall be construed as a reference to the nominated undertaker. |
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4 (1) | The powers conferred by paragraph 1 or 4 of Schedule 2 may be exercised in |
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such a way as to obstruct the highway, but only with the consent of the |
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highway authority, such consent not to be unreasonably withheld. |
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(2) | Any dispute with a highway authority under sub-paragraph (1) shall, if the |
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parties agree, be referred to arbitration, but shall otherwise be determined |
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by the Secretary of State. |
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(3) | If a highway authority which receives an application for consent under sub- |
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paragraph (1) fails to notify the applicant of its decision on the application |
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before the end of the period of 28 days beginning with the date on which the |
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application was made, it shall be deemed to have granted it. |
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5 (1) | For the purposes of the works authorised by this Act, the nominated |
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(a) | temporarily stop up or alter or divert any highway or part of a |
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(b) | for any reasonable time divert traffic from, and prevent persons |
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passing along, any highway or part of a highway, and |
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(c) | break up or interfere with any highway or part of a highway |
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(including any sewer, drain or tunnel in it). |
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(2) | The nominated undertaker shall provide reasonable access for pedestrians |
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going to or from premises abutting on a highway affected by the exercise of |
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