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The Access to the Countryside (Northern Ireland) Order 1983

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1.—(1) Before an order to which this Schedule applies is submitted to the Department for confirmation or (except in the case of an access order) is confirmed as an unopposed order, the district council shall give notice in the prescribed form—N.I.

(a)stating the general effect of the order and that it has been made and is about to be submitted for confirmation or to be confirmed as an unopposed order,

(b)naming a place in the district in which the land to which the order relates is situated where a copy of the order may be inspected free of charge and copies thereof may be obtained at a reasonable charge at all reasonable hours, and

(c)specifying the time (which shall not be less than 28 days from the date of the first publication of the notice) within which, and the manner in which, representations or objections with respect to the order may be made.

(2) Before the Department makes a public path extinguishment order or a public path diversion order, the Department shall prepare a draft of the order and shall give notice—

(a)stating that the Department proposes to make the order and the general effect of it,

(b)naming a place in the district in which the land to which the order relates is situated where a copy of the draft order may be inspected free of charge and copies thereof may be obtained at a reasonable charge at all reasonable hours, and

(c)specifying the time (which shall not be less than 28 days from the date of the first publication of the notice) within which, and the manner in which, representations or objections with respect to the draft order may be made.

(3) The notices to be given under sub-paragraph (1) or (2) shall be given—

(a)by publication in at least one local newspaper circulating in the locality in which the land to which the order relates is situated;

(b)by serving a like notice on—

(i)every owner, lessee and occupier of any of that land (subject to the provisions of sub-paragraph (4));

(ii)every district council whose district includes any of that land;

(iii)such other bodies as may be prescribed or as the district council or, as the case may be, the Department 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 the public path as is created, extinguished or diverted by the order;

(ii)at the council offices in the locality in which the land to which the order relates is situated; and

(iii)at such other places as the district council or, as the case may be, the Department may consider appropriate.

(4) If, after reasonable inquiry has been made, it appears that it is not practicable to ascertain the name or address of an owner, lessee or occupier of any land to which an order relates, the notice required to be served on him by sub-paragraphs (3) (b) (i) may be served by addressing the notice to “The owners and any occupiers” of the land (describing it) and affixing a copy or copies of the notice to some conspicuous object or objects on the land.

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