SCHEDULES
SCHEDULE 6Amendments relating to creation, stopping up and diversion of highways
Part IAmendments of Highways Act 1980
9
1
Section 119 of the 1980 Act (diversion of footpaths and bridleways) is amended as follows.
2
In subsection (1)(b), for “so specified” there is substituted “specified in the order or determined”.
3
For subsection (3), there is substituted—
3
Where it appears to the council that work requires to be done to bring the new site of the footpath or bridleway into a fit condition for use by the public, the council shall—
a
specify a date under subsection (1)(a) above, and
b
provide that so much of the order as extinguishes (in accordance with subsection (1)(b) above) a public right of way is not to come into force until the local highway authority for the new path or way certify that the work has been carried out.
4
In subsection (5)—
a
after “diversion order” there is inserted “on an application under section 119ZA below or”, and
b
for “him” there is substituted “the person who made the application or representations”.
5
After subsection (6) there is inserted—
6A
The considerations to which—
a
the Secretary of State is to have regard in determining whether or not to confirm a public path diversion order, and
b
a council are to have regard in determining whether or not to confirm such an order as an unopposed order,
include any material provision of a rights of way improvement plan prepared by any local highway authority whose area includes land over which the order would create or extinguish a public right of way.