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The Access to the Countryside (Northern Ireland) Order 1983

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DiversionN.I.

15.—(1) Where it appears to a district council as respects a public path, that, in the interests of the owner, lessee or occupier of land crossed by the path or otherwise, it is expedient that the line of the path, or part of that line, should be diverted (whether on to land of the same or on to land of another person) the district council may by order (a “public path diversion order”) made by the district council and submitted to and confirmed by the Department, or confirmed by the district council as an unopposed order,—

(a)create, as from such date as may be specified in the order, any such new public path as appears to the district council to be requisite for effecting the diversion, and

(b)extinguish, as from such date as may be so specified in accordance with paragraph (2), the right of way over so much of the path as appears to the district council to be requisite for effecting the diversion.

(2) Where it appears to the district council that work requires to be done to provide necessary facilities for the convenient use of any such new public path as is mentioned in paragraph (1) (a), the date specified under paragraph (1) (b) may be later than the date specified under paragraph (1)(a) in order to enable the district council to carry out that work.

(3) A right of way created by a public path diversion order may be either unconditional or (whether or not the right of way extinguished by the order was subject to conditions or limitations of any description) be subject to such conditions or limitations as may be specified in the order.

(4) Before determining to make a public path diversion order on the representation of an owner, lessee or occupier, the district council may require him to enter into an agreement with the district council to defray, or to make such contribution as may be specified in the agreement towards,—

(a)any compensation which may become payable under Article 17; or

(b)any expenses which the district council may incur in bringing the new site of the path into a fit condition for use by the public.

(5) The Department shall not confirm a public path diversion 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 the diversion to be effected by it is expedient as mentioned in paragraph (1), and further that the path will not be substantially less convenient to the public in consequence of the diversion and that it is expedient to confirm the order having regard to the effect which—

(a)the diversion would have on public enjoyment of the path as a whole or of any other public path,

(b)the coming into operation of the order would have as respects other land served by the existing right of way, and

(c)any new 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 that land,

so, however, that for the purposes of sub-paragraphs (b) and (c), the Department or, as the case may be, the district council, shall take into account the provisions as to compensation of Article 17.

(6) A public path diversion order shall be in such form as may be prescribed.

(7) Schedule 1 shall apply to a public path diversion order.

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