The Access to the Countryside (Northern Ireland) Order 1983

Making and confirmation N.I.

1.—(1) Before an order to which this Schedule applies is submitted to the Department for confirmation or (except in the case of an access order) is confirmed as an unopposed order, the district council shall give notice in the prescribed form— N.I.

(a) stating the general effect of the order and that it has been made and is about to be submitted for confirmation or to be confirmed as an unopposed order,

(b) naming a place in the district in which the land to which the order relates is situated where a copy of the order may be inspected free of charge and copies thereof may be obtained at a reasonable charge at all reasonable hours, and

(c) specifying the time (which shall not be less than 28 days from the date of the first publication of the notice) within which, and the manner in which, representations or objections with respect to the order may be made.

(2) Before the Department makes a public path extinguishment order or a public path diversion order, the Department shall prepare a draft of the order and shall give notice—

(a) stating that the Department proposes to make the order and the general effect of it,

(b) naming a place in the district in which the land to which the order relates is situated where a copy of the draft order may be inspected free of charge and copies thereof may be obtained at a reasonable charge at all reasonable hours, and

(c) specifying the time (which shall not be less than 28 days from the date of the first publication of the notice) within which, and the manner in which, representations or objections with respect to the draft order may be made.

(3) The notices to be given under sub-paragraph (1) or (2) shall be given—

(a) by publication in at least one local newspaper circulating in the locality in which the land to which the order relates is situated;

(b) by serving a like notice on—

(i) every owner, lessee and occupier of any of that land (subject to the provisions of sub-paragraph (4));

(ii) every district council whose district includes any of that land;

(iii) such other bodies as may be prescribed or as the district council or, as the case may be, the Department may consider appropriate; and

(c) by causing a copy of the notice to be displayed in a prominent position—

(i) at the ends of so much of the public path as is created, extinguished or diverted by the order;

(ii) at the council offices in the locality in which the land to which the order relates is situated; and

(iii) at such other places as the district council or, as the case may be, the Department may consider appropriate.

(4) If, after reasonable inquiry has been made, it appears that it is not practicable to ascertain the name or address of an owner, lessee or occupier of any land to which an order relates, the notice required to be served on him by sub-paragraphs (3) (b) (i) may be served by addressing the notice to “The owners and any occupiers” of the land (describing it) and affixing a copy or copies of the notice to some conspicuous object or objects on the land.

2.—(1) If no representations or objections are duly made, or if any so made are withdrawn then– N.I.

(a) the Department may, if it thinks fit, confirm or make the order, as the case may be, with or without modifications;

(b) the district council may, except in the case of an access order, instead of submitting the order to the Department, confirm the order without any modification.

(2) If any representation or objection duly made is not withdrawn, the Department shall, before confirming or making the order,—

(a) cause a local inquiry to be held; or

(b) afford to any person by whom any representation or objection has been duly made and not withdrawn an opportunity of being heard by a person appointed by the Department for that purpose,

and after considering the report of the person appointed to hold the inquiry or to hear representations or objections, the Department may confirm or make the order, as the case may be, with or without modifications.

(3) Nothwithstanding anything in sub-paragraph (1) or (2), the Department shall not confirm or make an order so as to affect land not affected by the order as submitted or the draft order except after—

(a) giving such notice as appears to the Department to be requisite of its proposal to modify the order, specifying the time (which shall not be less than 28 days from the date of the first publication of the notice) within which, and the manner in which, representations or objections with respect to the proposal may be made,

(b) holding a local inquiry or affording to any person by whom any representation or objection has been duly made and not withdrawn an opportunity of being heard by a person appointed by the Department for the purpose, and

(c) considering the report of the person appointed to hold the inquiry or to hear representations or objections, as the case may be.

3.  The Department may, subject to paragraphs 1 and 2, by regulations make such provision as to the procedure on the making, submission and confirmation of orders to which this Schedule applies as appears to the Department expedient. N.I.