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with the nominated undertaker’s notice which have not been withdrawn.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