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Highways Act 1980
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Changes over time for: Section 121D
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- Prospective- Amendment
- 24/11/2005
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Point in time view as at 24/11/2005. This version of this provision is prospective.
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Highways Act 1980, Section 121D is up to date with all changes known to be in force on or before 17 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Prospective
[F1121D Right of appeal to Secretary of State in respect of applications for orders.E+W
(1)Subject to the provisions of this section, where, in relation to an application made under section 118ZA, 118C, 119ZA or 119C above, the council to which the application was made—
(a)refuse to make an order on the application,
(b)refuse to confirm as an unopposed order an order made on the application, or
(c)refuse to submit to the Secretary of State an order which is made on the application and against which any representation or objection has been duly made and not withdrawn,
the applicant may, by giving notice to the Secretary of State, appeal to the Secretary of State.
(2)Subsection (1)(a) above does not confer any right to appeal to the Secretary of State where—
(a)the council have no power to make the order requested without the consent of another person and that consent has not been given, or
(b)the reason, or one of the reasons, for the refusal to make the order is that the applicant has refused to enter into an agreement required by the council—
(i)in the case of a public path extinguishment order, under subsection (6) of section 118ZA above,
(ii)in the case of a special extinguishment order, under that subsection as applied by section 118C(2) above,
(iii)in the case of a public path diversion order, under section 119(5) above,
(iv)in the case of a special diversion order, under section 119C(3) above.
(3)Paragraph (b) of subsection (1) above does not confer any right to appeal to the Secretary of State in a case where the council has no power to confirm the order without the consent of another person and that consent has not been given; and paragraph (c) of that subsection does not confer any right to appeal to the Secretary of State in a case where, if the order had been unopposed, the council would have had no power to confirm it without the consent of another person and that consent has not been give]
Textual Amendments
F1S. 121D inserted (prosp.) by 2000 c. 37, ss. 57, 103(3), Sch. 6 Pt. I para. 15
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