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The Access to the Countryside (Northern Ireland) Order 1983

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The Access to the Countryside (Northern Ireland) Order 1983, Section 14 is up to date with all changes known to be in force on or before 23 November 2017. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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ClosureN.I.

14.—(1) Where it appears to a district council that it is expedient that a public path should be closed on the ground that the path is not needed for public use, the district council may by order (a “public path extinguishment order”) made by the district council and submitted to and confirmed by the Department, or confirmed by the district council as an unopposed order, extinguish the right of way over the path.

(2) The Department shall not confirm a public path extinguishment order, and a district council shall not confirm such an order as an unopposed order, unless the Department or the district council, as the case may be, is satisfied that it is expedient to do so, having regard—

(a)to the extent to which the path would, apart from the order, be likely to be used by the public, and

(b)to the effect which the extinguishment of the right of way would have as respects land served by the path,

account being taken of the provisions as to compensation contained in Article 17.

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

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

(5) Proceedings preliminary to the confirmation of the public path extinguishment order may be taken concurrently with proceedings preliminary to the confirmation of a public path creation order or of a public path diversion order, but, in considering—

(a)under paragraph (1) whether the path to which the public path extinguishment order relates is needed for public use, or

(b)under paragraph (2) to what extent that path would, apart from the order, be likely to be used by the public,

the district council or the Department, as the case may be, may have regard to the extent to which the public path creation order or the public path diversion order would provide an alternative path.

(6) For the purposes of paragraphs (1) and (2), any temporary circumstances preventing or diminishing the use of a path by the public shall be disregarded.

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