Highways Act 1980

1 (1) Before a public path creation order, a public path extinguishment order or a public path 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 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 or a public path 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 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) above shall be given—

(a) in the case of a public path creation order, by publication in the London Gazette and in at least one local newspaper circulating in the area in which the land to which the order relates is situated, and by serving a like notice on 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 [1976 c. 80.] Rent (Agriculture) Act 1976 and the [1977 c. 42.] Rent Act 1977) of any of that land, so however that—

(i) except in the case of an owner, occupier or lessee being a local authority or statutory undertakers, the Secretary of State may in any particular case direct that it shall not be necessary to serve notice as aforesaid, but

(ii) if the Secretary of State 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 it shall be affixed to some conspicuous object or objects on the land;

(b) in the case of a public path extinguishment order or a public path diversion order, by publication and the service of notices as mentioned in head (a) of this sub-paragraph and also—

(i) by serving such a notice as is therein mentioned on 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 the land to which the order relates, and

(ii) by causing a copy of the notice to be displayed in a prominent position at the ends of so much of any footpath or bridleway as is to be stopped up or diverted by virtue of the order.

(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.