SCHEDULES
X1 SCHEDULE 16 Orders Creating, Extinguishing or Diverting Footpaths or Bridleways
The Highways Act 1980
6
1
In sub-paragraphs (1)(b) and 2(b) of paragraph I of Schedule 6 to that Act (procedure as to certain orders relating to footpaths and bridleways) after the words “free of charge” there shall be inserted the words “and copies thereof may be obtained at a reasonable charge”.
2
For sub-paragraph (3) of that paragraph there shall be substituted the following sub-paragraph—
3
The notices to be given under sub-paragraph (1) or (2) above shall be given—
a
by publication in at least one local newspaper circulating in the area in which the land to which the order relates is situated ;
b
by serving a like notice on—
i
every owner, occupier and lessee (except tenants for a month or any period less than a month and statutory tenants within the meaning of the Rent (Agriculture) Act 1976 or the Rent Act 1977) of any of that land ;
ii
every council, the council of every parish or community and the parish meeting of every parish not having a separate parish council, being a council, parish or community whose area includes any of that land ;
iii
every person on whom notice is required to be served in pursuance of sub-paragraph (3A) or (3B) below ; and
iv
such other persons as may be prescribed in relation to the area in which that land is situated or as the authority or, as the case may be, the Secretary of State 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 any footpath or bridleway as is created, stopped up or diverted by the order ;
ii
at council offices in the locality of the land to which the order relates ; and
iii
at such other places as the authority or, as the case may be, the Secretary of State may consider appropriate.
3
After that sub-paragraph there shall be inserted the following sub-paragraphs—
3A
Any person may, on payment of such reasonable charge as the authority may consider appropriate, require an authority to give him notice of all such public path creation orders, public path extinguishment orders and public path diversion orders as are made by the authority during a specified period, are of a specified description and relate to land comprised in a specified area ; and in this sub-paragraph “ specified ” means specified in the requirement.
3B
Any person may, on payment of such reasonable charge as the Secretary of State may consider appropriate, require the Secretary of State to give him notice of all such draft public path creation orders, draft public path extinguishment orders and draft public path diversion orders as are prepared bv the Secretary of State during a specified period, are of a specified description and relate to land comprised in a specified area ; and in this sub-paragraph “ specified ” means specified in the requirement.
3C
The Secretary of State may, in any particular case, direct that it shall not be necessary to comply with sub- paragraph (3)(b)(i) above ; but if he so directs in the case of any land, then in addition to publication the notice shall be addressed to “The owners and any occupiers” of the land (describing it) and a copy or copies of the notice shall be affixed to some conspicuous object or objects on the land.
4
After sub-paragraph (4) of that paragraph there shall be inserted the following sub-paragraphs—
4A
Sub-paragraph (3)(b) and (c) and, where applicable, sub-paragraphs (3C) and (4) above shall be complied with not less than 28 days before the expiration of the time specified in the notice.
4B
A notice required to be served by sub-paragraph (3)(b)(i), (ii) or (iv) above shall be accompanied by a copy of the order.
4C
A notice required to be displayed by sub-paragraph (3)(c)(i) above at the ends of so much of any way as is affected by the order shall be accompanied by a plan showing the general effect of the order so far as it relates to that way.
4D
In sub-paragraph (3)(c)(ii) above “council offices” means offices or buildings acquired or provided by a council or by the council of a parish or community or the parish meeting of a parish not having a separate parish council.
The text of Sch. 16 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.