Countryside (Scotland) Act 1967

2 [F1 (1A) If an authority have given notice under paragraph 1(1) above as regards a public path creation order, a public path extinguishment order of a public path diversion order, and no representations or objections are duly made in terms of paragraph 1(1)(c) of this Schedule or if any so made are withdrawn, then, subject to the provisions of Part II of this Schedule, the order shall on being made by them have effect without their having to submit it to the Secretary of State and without his confirmation.] S

[F2 (1) In the case of an order other than one which has effect under sub-paragraph (1A) above, if] no representations or objections are duly made [F3 in terms of sub-paragraph (1)(c) of paragraph 1 of this Schedule], or if any so made are withdrawn, the Secretary of State may, if he thinks fit, confirm . . . F4 the order . . . F4 with or without modifications or conditions.

(2) If any representation or objection duly made is not withdrawn, the Secretary of State shall, before confirming . . . F4 the order, either—

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(b) afford to any person by whom any representation or objection has been duly made and not withdrawn an opportunity of being heard by a person appointed by him for the purpose.

and, after considering the report of the person appointed to hold the inquiry or to hear representations or objections, may confirm . . . F4 the order . . . F4 with or without modifications or conditions:

Provided that [F5 , where objection is made by statutory undertakers to a public path creation order or a public path diversion order,] on the ground that the order provides for the creation of a right of way over land covered by works used for the purposes of their undertaking or the curtilage of such land, and the objection is not withdrawn, the order shall be subject to special parliamentary procedure.

(3) Notwithstanding anything in the foregoing provisions of this paragraph, the Secretary of State shall not confirm . . . F4 an order so as to affect land not affected by the order as submitted to him . . . F4 except after—

(a) giving such notice as appears to him requisite of his proposal so to modify the order, specifying the time (not being less than twenty-eight 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 him 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,

and [F6 , where objection is made by statutory undertakers to a public path creation order or a public path diversion order,] on the ground that the order as modified would provide for the creation of a right of way over land covered by works used for the purposes of their undertaking or the curtilage of such land, and the objection is not withdrawn, the order shall be subject to special parliamentary procedure.

Annotations:

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Amendments (Textual)

F1 Sch. 3 para. 2(1A) added by Local Government and Planning (Scotland) Act 1982 (c. 43, SIF 81:2), Sch. 3 para. 11(d)(i)

F2 Words substituted by Local Government and Planning (Scotland) Act 1982 (c. 43, SIF 81:2), Sch. 3 para. 11(d)(ii)

F3 Words inserted by Local Government and Planning (Scotland) Act 1982 (c. 43, SIF 81:2), Sch. 3 para. 11(d)(ii)

F4 Words repealed by Local Government and Planning (Scotland) Act 1982 (c. 43, SIF 81:2), Sch. 4 Pt. I

F5 Words substituted by Local Government and Planning (Scotland) Act 1982 (c. 43, SIF 81:2), Sch. 3 para. 11(d)(v)

F6 Words substituted by Local Government and Planning (Scotland) Act 1982 (c. 43, SIF 81:2), Sch. 3 para. 11(d)(v)