Highways Act 1980

1 (1) Before a public path creation order, a public path extinguishment order [F1 , a rail crossing extinguishment order, [F2 a special extinguishment order] a public path diversion order [F3 , a rail crossing diversion order, a special diversion order or an SSSI diversion order]] is submitted to the Secretary of State for confirmation or confirmed as an unopposed order, the authority by whom the order was made shall give notice in the prescribed form—

(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 area in which the land to which the order relates is situated where a copy of the order and of the map referred to therein may be inspected free of charge [F4 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 Secretary of State makes a public path creation order, a public path extinguishment order [F1 , a rail crossing extinguishment order, [F2 a special extinguishment order] a public path diversion order [F3 , a rail crossing diversion order, a special diversion order or an SSSI diversion order]], he shall prepare a draft of the order and shall give notice—

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

(b) naming a place in the area in which the land to which the draft order relates is situated where a copy of the draft order and of the map referred to in it may be inspected free of charge [F4 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.

[F5 (3) The notices to be given under sub-paragraph (1) or (2) above shall be given—

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

(b) by serving a like notice on—

(i) every owner, occupier and lessee (except tenants for a month or any period less than a month and statutory tenants within the meaning of the Rent (Agriculture) Act 1976 or the Rent Act 1977 [F6 and licensees under an assured agricultural occupancy within the meaning of Part I of the Housing Act 1988]) of any of that land;

(ii) every council, the council of every parish or community and the parish meeting of every parish not having a separate parish council, being a council, parish or community whose area includes any of that land;

(iii) every person on whom notice is required to be served in pursuance of sub-paragraph (3A) or (3B) below; and

(iv) such other persons as may be prescribed in relation to the area in which that land is situated or as the authority or, as the case may be, the Secretary of State 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 any footpath [F7 , bridleway or restricted byway] as is created, stopped up or diverted by the order;

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

(iii) at such other places as the authority or, as the case may be, the Secretary of State may consider appropriate.]

[F8 (3A) Any person may, on payment of such reasonable charge as the authority may consider appropriate, require an authority to give him notice of all such public path creation orders, public path extinguishment orders [F9 , rail crossing extinguishment orders, [F10 special extinguishment orders] public path diversion orders [F11 , rail crossing diversion orders, special diversion orders and SSSI diversion orders]] as are made by the authority during a specified period, are of a specified description and relate to land comprised in a specified area; and in this sub-paragraph “specified” means specified in the requirement.

(3B) Any person may, on payment of such reasonable charge as the Secretary of State may consider appropriate, require the Secretary of State to give him notice of all such draft public path creation orders, draft public path extinguishment orders [F12 , draft rail crossing extinguishment orders, [F13 draft special extinguishment orders] draft public path diversion orders [F14 , draft rail crossing diversion orders, draft special diversion orders and draft SSSI diversion orders]] as are prepared by the Secretary of State during a specified period, are of a specified description and relate to land comprised in a specified area; and in this sub-paragraph “specified” means specified in the requirement.

(3C) The Secretary of State may, in any particular case, direct that it shall not be necessary to comply with sub-paragraph (3)(b)(i) above; but if he so directs in the case of any land, then in addition to publication the notice shall be addressed to “The owners and any occupiers” of the land (describing it) and a copy or copies of the notice shall be affixed to some conspicuous object or objects on the land.]

(4) Where under this paragraph a notice is required to be served on an owner of land and the land belongs to an ecclesiastical benefice, a like notice shall be served on the Church Commissioners.

[F15 (4A) Sub-paragraph (3)(b) and (c) and, where applicable, sub-paragraphs (3C) and (4) above shall be complied with not less than 28 days before the expiration of the time specified in the notice.

(4B) A notice required to be served by sub-paragraph (3)(b)(i), (ii) or (iv) above shall be accompanied by a copy of the order.

(4C) A notice required to be displayed by sub-paragraph (3)(c)(i) above at the ends of so much of any way as is affected by the order shall be accompanied by a plan showing the general effect of the order so far as it relates to that way.

(4D) In sub-paragraph (3)(c)(ii) above “council offices” means offices or buildings acquired or provided by a council or by the council of a parish or community or the parish meeting of a parish not having a separate parish council.]

Textual Amendments

F1 Words in Sch. 6 Pt. I para. 1(1)(2) substituted (22.12.1992 for certain purposes and otherwise 31.1.1993) by Transport and Works Act 1992 (c. 42), s. 47, Sch. 2 para. 10(2)(a); S.I. 1992/3144, arts. 2, 3, Sch.

F2 Words in Sch. 6 para. 1(1)(2) inserted (12.2.2003 for E. for specified purposes and 21.5.2007 in so far as not already in force, 15.7.2005 for W. for specified purposes and otherwise prosp.) by 2000 c. 37, ss. 57, 103(3) Sch. 6 Pt. I para. 23(2)(a); S.I. 2003/272, art. 2(a)(p); S.I. 2005/1314, art. 3(d)(viii)(bb); S.I. 2007/1493, art. 2

F3 Words in Sch. 6 para. 1(1)(2) substituted (12.2.2003 for E. for specified purposes and 21.5.2007 in so far as not already in force, 15.7.2005 for W. for specified purposes and otherwise prosp.) by 2000 c. 37, ss. 57, 103(3), Sch. 6 Pt. I para. 23(2)(b); S.I. 2003/272, art. 2(a)(p); S.I. 2005/1314, art. 3(d)(viii)(bb); S.I. 2007/1493, art. 2

F4 Words inserted by Wildlife and Countryside Act 1981 (c. 69, SIF 4:5), s. 73, Sch. 16 paras. 6(1), 10(2)

F5 Sch. 6 Pt. I para. 3 substituted by Wildlife and Countryside Act 1981 (c. 69, SIF 4:5), s. 73, Sch. 16 paras. 6(2), 10(2)

F6 Words inserted by Housing Act 1988 (c. 50, SIF 75:1), s. 140(1), Sch. 17 para. 30

F7 Words in Sch. 6 para. 1(3)(c)(i) 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)

F8 Sch. 6 Pt. I para. 1(3A)–(3C) inserted by Wildlife and Countryside Act 1981 (c. 69, SIF 4:5), s. 63, Sch. 16 paras. 6(3), 10(2)

F9 Words in Sch. 6 Pt. I para. 1(3A) substituted (22.12.1992 for certain purposes and otherwise 31.1.1993) by Transport and Works Act 1992 (c. 42), s. 47, Sch. 2 para. 10(2)(b); S.I. 1992/3144, arts. 2, 3, Sch.

F10 Words in Sch. 6 para. 1(3A) inserted (12.2.2003 for E. for specified purposes and 21.5.2007 in so far as not already in force, 15.7.2005 for W. for specified purposes and otherwise prosp.) by 2000 c. 37, ss. 57, 103(3), Sch. 6 Pt. I para. 23(3)(a); S.I. 2003/272, art. 2(a)(p); S.I. 2005/1314, art. 3(d)(viii)(cc); S.I. 2007/1493, art. 2

F11 Words in Sch. 6 para. 1(3A) substituted (12.2.2003 for E. for specified purposes and 21.5.2007 in so far as not already in force, 15.7.2005 for W. for specified purposes and otherwise prosp.) by 2000 c. 37, ss. 57, 103(3), Sch. 6 Pt. I para. 23(3)(b); S.I. 2003/272, art. 2(a)(p); S.I. 2005/1314, art. 3(d)(viii)(cc); S.I. 2007/1493, art. 2

F12 Words in Sch. 6 Pt. I para. 1(3B) substituted (22.12.1992 for certain purposes and otherwise 31.1.1993) by Transport and Works Act 1992 (c. 42), s. 47, Sch. 2 para. 10(2)(c); S.I. 1992/3144, arts. 2, 3, Sch.

F13 Words in Sch. 6 para. 1(3B) inserted (12.2.2003 for E. for specified purposes and 21.5.2007 in so far as not yet in force, 15.7.2005 for W. for specified purposes and otherwise prosp.) by 2000 c. 37, ss. 57, 103(3), Sch. 6 Pt. I para. 23(4)(a); S.I. 2003/272, art. 2(a)(p); S.I. 2005/1314, art. 3(d)(viii)(dd); S.I. 2007/1493, art. 2

F14 Words in Sch. 6 para. 1(3B) substituted (12.2.2003 for E. for specified purposes and 21.5.2007) in so far as not already in force, 15.7.2005 for W. for specified purposes and otherwise prosp.) by 2000 c. 37, ss. 57, 103(3), Sch. 6 Pt. I para. 23(4)(b); S.I. 2003/272, art. 2(a)(p); S.I. 2005/1314, art. 3(d)(viii)(dd); S.I. 2007/1493, art. 2

F15 Sch. 6 Pt. I para. 1(4A)–(4D) inserted by Wildlife and Countryside Act 1981 (c. 69, SIF 4:5), s. 73, Sch. 16 paras. 6(4), 10(2)