New Towns (Scotland) Act 1968

23 Extinguishment of public rights of way over land acquired. S

(1) Where any land—

(a) has been acquired for the purposes of this Act by a development corporation or local [F1 roads] authority and is for the time being held by that corporation or authority for those purposes, or

(b) has been acquired under this Act by the Secretary of State and is for the time being held for the purposes for which he acquired it,

the Secretary of State may by order extinguish any public right of way over the land.

(2) Where the Secretary of State proposes to make an order under this section, he shall publish in such manner as appears to him to be requisite a notice—

(a) stating the effect of the order, and

(b) specifying the time (not being less than 28 days from the publication of the notice) within which, and the manner in which, objections to the proposal may be made,

and shall serve a like notice—

(i) on the . . . F2 [F3 district planning] authority in whose district the land is situated [F4 and on any other local authority who appear to him to be concerned], and

[F5 (ii) on the local roads authority, unless they applied for the order to be made.]

(3) Where an objection to a proposal to make an order under this section is duly made and is not withdrawn, the provisions of Schedule 8 to this Act shall have effect in relation to the proposal.

(4) For the purposes of this section an objection to such a proposal shall not be treated as duly made unless—

(a) it is made within the time and in the manner specified in the notice required by this section, and

(b) a statement in writing of the grounds of the objection is comprised in or submitted with the objection.

(5) Where it is proposed to make an order under this section extinguishing a public right of way over a road on land acquired for the purposes of this Act by a development corporation, and compensation in respect of restrictions imposed under section 1 or section 2 of the M1 Restriction of Ribbon Development Act 1935 in respect of that road has been paid by the [F6 road] authority (or, in the case of a trunk road, by the authority who, when the compensation was paid, were the authority for the purposes of section 4 of the M2 Trunk Roads Act 1936), the order may provide for the payment by the development corporation to that authority, in respect of the compensation so paid, of such sums as the Secretary of State, with the consent of the Treasury, may determine.

(6) Where the Secretary of State is satisfied that the construction or improvement of a road is or will be needed in consequence of the extinguishment under this section of a public right of way, section 8 of this Act shall apply as it applies where the Secretary of State is satisfied that the construction or improvement of a road is needed as mentioned in subsection (1) of that section.

Textual Amendments

F1 Words substituted by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 61(10)(a)

F2 Word repealed by Local Government (Scotland) Act 1973 (c. 65, SIF 81:2), s. 172(2)

F3 Words substituted by Local Government (Scotland) Act 1973 (c. 65, SIF 81:2), s. 238(2), Sch. 23 para. 8

F4 Words inserted by Local Government (Scotland) Act 1973 (c. 65, SIF 81:2), s. 238(2), Sch. 23 para. 8

F5 S. 23(2)(ii) substituted (for previous s. 23(2)(ii) and the words following it in s. 23(2)) by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 61(10)(b)

F6 Words substituted by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 61(10)(c)

Modifications etc. (not altering text)

C1 S. 23 amended by Post Office Act 1969 (c. 48, SIF 96), s. 76, Sch. 4 para. 86(1)

Marginal Citations

M1 1935 c. 47(108).

M2 1936 c. 5 (1 Edw. 8 & 1 Geo. 6).