SCHEDULES
C2C3SCHEDULE 6 Provisions as to Making, Confirmation, Validity and Date of Operation of Certain Orders Relating to Footpaths and Bridleways
Sch. 6 applied (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; S.I. 2006/1279, art. 2
C1Part I Procedure for Making and Confirming Certain Orders Relating to Footpaths and Bridleways
Sch. 6 Pt. I (paras. 1–3) amended by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 25 para. 1(11)(III), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58
F12ZA
1
Where a public path extinguishment order, a special extinguishment order, a public path diversion order or a special diversion order is made by an authority other than the Secretary of State on an application under section 118ZA, 118C, 119ZA or 119C of this Act, that authority shall, as soon as reasonably practicable after the expiry of the time for representations, determine—
a
whether, in the case of an unopposed order, to confirm it under paragraph 2(1)(b) above, or
b
whether to submit the order to the Secretary of State.
2
The authority making a determination required by sub-paragraph (1) above shall, as soon as practicable after making it, give to the applicant notice in writing of their determination and the reasons for it and give a copy of the notice to such other persons as may be prescribed.
3
Where—
a
an authority other than the Secretary of State have made a public path extinguishment order, a special extinguishment order, a public path diversion order or a special diversion order on an application under section 118ZA, 118C, 119ZA or 119C of this Act, and
b
at the end of the period of two months beginning with the expiry of the time for representations, that authority have not determined—
i
whether, in the case of an unopposed order, to confirm it under paragraph 2(1)(b) above, or
ii
whether to submit the order to the Secretary of State,
the Secretary of State may, at the request of the person on whose application the order was made, by direction require the authority to determine that question before the end of such period as may be specified in the direction.
4
In this paragraph “the time for representations” means the time specified by the authority in accordance with paragraph 1(1)(c) above.
Sch. 6 extended (with modifications) (19.9.1995) by 1995 c. 25, ss. 70, 125(2), Sch. 9 para. 11(d) (with ss. 7(6), 115, 117, Sch. 8 para. 7).