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The Access to the Countryside (Northern Ireland) Order 1983

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Compulsory powers for creationN.I.

12.—(1) Where—

(a)it appears to a district council that there is need for a public path; and

(b)the district council is satisfied that, having regard—

(i)to the extent to which the path would add to the convenience or enjoyment of a substantial section of the public, or to the convenience of persons residing in the district, and

(ii)to the effect which the creation of the path would have on the rights of persons interested in the land, account being taken of the provisions as to compensation contained in Article 17,

it is expedient that the path should be created; and

(c)it appears to the district council impracticable to create the path by means of a public path creation agreement,

the district council may by order (a “public path creation”) made by the council and submitted to and confirmed by the Department, or confirmed by the council as an unopposed order, create a public path.

(2) A right of way created by a public path creation order may be either unconditional or subject to such conditions or limitations as may be specified in the order.

(3) A public path creation order shall be in such form as may be prescribed.

(4) Schedule 1 shall apply to a public path creation order.

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