Highways Act 1980

Part II E+W Validity and Date of Operation of Certain Orders Relating to Footpaths [F1 , Bridleways and Restricted Byways]

Textual Amendments

F1 Words in Sch. 6 Pt II heading substituted (2.5.2006 for E. and 11.5.2006 for W.) by The Restricted Byways (Application and Consequential Amendment of Provisions) Regulations 2006 (S.I. 2006/1177), regs. 1(2)(4), 2, Sch. Pt. I; S.I. 2006/1172, art. 2(a)-(d) (with art. 3); S.I. 2006/1279, art. 2(a)-(d) (with art. 3)

[F2 4 (1) As soon as may be after an order to which this Schedule applies has been confirmed or made by the Secretary of State or confirmed as an unopposed order, the authority by whom the order was made or, in the case of an order made by the Secretary of State, the Secretary of State, shall publish, in the manner required in relation to the class of order in question by paragraph 1(3) above, a notice in the prescribed form describing the general effect of the order, stating that it has been confirmed or made, and naming a place where a copy of it as confirmed or made may be inspected free of charge [F3 and copies thereof may be obtained at a resonable charge] at all reasonable hours, and— E+W

[F4 (a) serve a like notice on any persons on whom notices were required to be served under paragraph 1(3)(b), (3C) or (4) above; and

(b) cause like notices to be displayed in the like manner as the notices caused to be displayed under paragraph 1(3)(c) above;]

but no such notice or copy need be served on a person unless he has sent to the authority or the Secretary of State (according as the notice or copy would require to be served by an authority or by the Secretary of State) a request in that behalf specifying an address for service.

[F5 (2) A notice required to be served by sub-paragraph (1)(a) above, on—

(a) a person on whom notice was required to be served by paragraph 1(3)(b)(i) or (ii) above; or

(b) in the case of an order which has been confirmed or made with modifications, a person on whom notice was required to be served by paragraph 1(3)(b)(iv) above,

shall be accompanied by a copy of the order as confirmed or made.

(3) As soon as may be after a decision not to confirm an order to which this Schedule applies, the authority by whom the order was made shall give notice of the decision by serving a copy of it on any persons on whom notices were required to be served under paragraph 1(3)(b), (3C) or (4) above.]]

Textual Amendments

F2 Sch. 6 Pt. I para. 4 renumbered as para. 4(1) by Wildlife and Countryside Act 1981 (c. 69, SIF 4:5), Sch. 16 paras. 8(2), 10(2)

F3 Words inserted as provided by Wildlife and Countryside Act 1981 (c. 69, SIF 4:5), Sch. 16 paras. 8(1), 10(2)

F4 Sch. 6 Pt. I para. 4(1)(a)(b) substituted as provided by Wildlife and Countryside Act 1981 (c. 69, SIF 4:5), Sch. 16 paras. 8(1), 10(2)

F5 Sch. 6 Pt. I para. 4(2)(3) inserted as provided by Wildlife and Countryside Act 1981 (c. 69, SIF 4:5), Sch. 16 paras. 8(2), 10(2)

[F6 4A E+W As soon as may be after an order to which this Schedule applies has come into operation otherwise than—

(a) on the date on which it was confirmed or made by the Secretary of State or confirmed as an unopposed order; or

(b) at the expiration of a specified period beginning with that date, the authority by whom the order was made or, in the case of an order made by the Secretary of State, the Secretary of State shall give notice of its coming into operation by publication in at least one local newspaper circulating in the area in which the land to which the order relates is situated.]

Textual Amendments

F6 Sch. 6 Pt. I para. 4A inserted by Wildlife and Countryside Act 1981 (c. 69, SIF 4:5), Sch. 16 paras. 9, 10(2)

5 E+W Schedule 2 of this Act (except paragraph 1 thereof) applies in relation to an order to which this Schedule applies as it applies in relation to a scheme or order to which that Schedule applies, but with the following modifications:—

(a) for references to a scheme or order to which that Schedule applies substitute references to an order to which this Schedule applies;

(b) for the references in paragraphs 2, 4 and 5 thereof to the date on which the notice required by paragraph 1 thereof is first published substitute references to the date on which the notice required by paragraph 4 above is first published; and

(c) paragraph 4 of that Schedule has effect as if the words “or on such later date, if any, as may be specified in the scheme or order” were omitted.

6 E+W In this Part of this Schedule “prescribed” means prescribed by regulations made by the Secretary of State.