9(1)Section 119 of the 1980 Act (diversion of footpaths and bridleways) is amended as follows.E+W
(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.”
Commencement Information
I1Sch. 6 para. 9(1)-(3) in force at 12.2.2003 for E. by S.I. 2003/272, art. 2(f)
I2Sch. 6 para. 9(1)-(3) in force at 31.5.2005 for W. by S.I. 2005/1314, art. 2(b)(iii)
I3Sch. 6 para. 9(5) in force at 12.2.2003 for E. by S.I. 2003/272, art. 2(b)
I4Sch. 6 para. 9(5) in force at 1.4.2004 for W. by S.I. 2004/315, art. 2(c)
I5Sch. 6 para. 9(5) in force at 6.12.2006 for W. in so far as not already in force by S.I. 2006/3257, art. 2(a)(i)