Part VIII Stopping up and diversion of highways and stopping up of means of access to highways
Stopping up and diversion of highways
C2120 Exercise of powers of making public path extinguishment and diversion orders. C1
1
Where a footpath or bridleway lies partly within and partly outside the area of a council the powers conferred by sections 118 F1to 119A above on the council extend, subject to subsection (2) below, to the whole of the path or way as if it lay wholly within their area.
2
The powers of making F2orders under sections 118 to 119A above are not exercisable by a council—
a
with respect to any part of a footpath or bridleway which is within their area, without prior consultation with F3any other council in whose area that part of the footpath or bridleway is situated;
b
with respect to any part of a footpath or bridleway which is outside their area, without the consent of every council in whose area it is; and
c
with respect to any part of a footpath or bridleway in a National Park, without prior consultation with the Countryside Commission F4(if the National Park is in England) or the Countryside Council for Wales (if the National Park is in Wales).
3
Where it appears to the Secretary of State as respects a footpath or bridleway that it is expedient as mentioned in section 118(1) F5or 118A(1) or 119A(1) above that the path or way should be stopped up F6or diverted, or where an owner, lessee or occupier of land crossed by a footpath or bridleway satisfies the Secretary of State that a diversion of it is expedient as mentioned in section 119(1) above, then if—
a
no council having power to do so have made and submitted to him a public path extinguishment order F7, a rail crossing extinguishment order, a rail crossing diversion order or a public path diversion order, as the case may be, and
b
the Secretary of State is satisfied that, if such an order were made and submitted to him, he would have power to confirm the order in accordance with the provisions in that behalf of sections 118 F8to 119A above,
he may himself make the order after consultation F9(subject to subsection (3A) below)with the appropriate authority.
F103A
Where—
a
the operator of a railway makes a request to a council to make an order under section 118A or 119A above in respect of a crossing over the railway,
b
the request is in such form and gives such particulars as are prescribed by regulations made by the Secretary of State, and
c
the council have neither confirmed the order nor submitted it to the Secretary of State within 6 months of receiving the request,
the power conferred on the Secretary of State by subsection (3) above may be exercised without consultation with the council.
4
A council proposing to make a public path diversion order F11or a rail crossing diversion order such that the authority who will be the highway authority for a part of the path or way after the diversion will be a different body from the authority who before the diversion are the highway authority for it shall, before making the order, notify the first mentioned authority.
5
Where under subsection (3) above the Secretary of State decides to make a public path diversion order, F12or, on the representations of the operator of the railway concerned, a rail crossing diversion order, he may require the person on whose representations he is acting to enter into an agreement with such council as he may specify F13for that person to defray, or to make such contribution as may be specified in the agreement towards any such compensation or expenses as are specified in paragraphs (a), (b) and (c) of section 119(5) F14, or as the case may be 119A(8), above.