SCHEDULES

Prospective

SCHEDULE 7E+W+SAscertainment of rights of way

PART 1 E+W+SWildlife and Countryside Act 1981

3E+W+SAfter that section insert—

53ZAModifications arising from administrative errors

(1)The Secretary of State may by regulations provide for Schedules 13A and 14A to apply with prescribed modifications in relation to the making of orders under section 53(2) in cases where it appears to a surveying authority in England (whether or not on an application under section 53(5)) that—

(a)it is requisite to make a modification of a definitive map and statement in consequence of an event mentioned in section 53(3)(c);

(b)the need for the modification has arisen because of an administrative error; and

(c)both the error and the modification needed to correct it are obvious.

(2)The Secretary of State may by regulations provide for Schedule 14A to apply with prescribed modifications in cases where an order under section 53(2) is made in accordance with regulations under subsection (1).

(3)Regulations under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(4)At any time when regulations under subsection (1) are in force, a surveying authority shall, in deciding whether paragraphs (a) to (c) of that subsection apply in a particular case (and, accordingly, whether the provision made by the regulations applies in relation to the making of an order under section 53(2) in that case), have regard to any guidance given by the Secretary of State.

(5)In this section, “prescribed” means prescribed by regulations.