Modifications etc. (not altering text)
C1Sch. 14 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), reg. 2(1), Sch. Pt. 1 (see S.I. 2006/1172, art. 2(a)-(d) (with art. 3) and S.I. 2006/1279, art. 2(a)-(d) (with art. 3))
1(1)Before an order under section 257 or 258 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—E+W
(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 may be inspected free of charge and copies of it may be obtained at a reasonable charge at all reasonable hours; and
(c)specifying the time (which must 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)Subject to sub-paragraphs (6) and (7), the notice to be given under sub-paragraph (1) 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; and
(b)by serving a similar notice on—
(i)every owner, occupier and lessee (except tenants for a month or a period less than a month and statutory tenants within the meaning of the M1Rent Act 1977) of any of that land; and
(ii)every council, the council of every F1. . . parish [F2or community] and the parish meeting of every F1. . . parish not having a separate council, being a council or parish whose area includes any of that land; and
[F3(iia)any National Park authority for a National Park which includes any of that land; and]
(iii)any statutory undertakers to whom there belongs, or by whom there is used, for the purposes of their undertaking, any apparatus under, in, on, over, along or across that land; and
(iv)every person on whom notice is required to be served in pursuance of sub-paragraph (4); and
(v)such other persons as may be prescribed in relation to the area in which that land is situated or as the authority 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 [F4, bridleway or restricted byway] as is to be stopped up, diverted or extinguished 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 may consider appropriate.
(3)In sub-paragraph (2)—
“council” means a county council, [F5a county borough council] a district council, a London borough council [F6, the London Fire Commissioner,] [F7a joint authority established by Part 4 of the Local Government Act 1985, an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009 [F8, a combined authority established under section 103 of that Act or a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004];]
“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.
(4)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 orders under section 257 or 258 as are made by the authority during a specified period, are of a specified description and relate to land comprised in a specified area.
(5)In sub-paragraph (4) “specified” means specified in the requirement.
(6)Except where an owner, occupier or lessee is a local authority [F9National Park authority] or statutory undertaker, the Secretary of State may in any particular case direct that it shall not be necessary to comply with sub-paragraph (2)(b)(i).
(7)If the Secretary of State gives a direction under sub-paragraph (6) in the case of any land, then—
(a)in addition to publication the notice shall be addressed to “the owners and any occupiers” of the land (describing it); and
(b)a copy or copies of the notice shall be affixed to some conspicuous object or objects on the land.
(8)Sub-paragraph (2)(b) and (c) and, where applicable, sub-paragraph (7) shall be complied with not less than 28 days before the expiry of the time specified in the notice.
(9)A notice required to be served by sub-paragraph (2)(b)(i), (ii), (iii) or (v) shall be accompanied by a copy of the order.
(10)A notice required to be displayed by sub-paragraph (2)(c)(i) 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.
Textual Amendments
F1Words in Sch. 14 para. 1(2)(b)(ii) repealed (8.11.1995) by 1995 c. 44, s. 1, Sch. 1 Pt. VI
F2Words in Sch. 14 para. 1(2)(b)(ii) inserted (1.10.1995) by 1994 c. 19, s. 20(4), Sch. 6 Pt. II para. 24(17)(a) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/2490, art. 4(1), Sch. 2
F3Sch. 14 para. 1(2)(b)(iia) inserted (23.11.1995) by 1995 c. 25, s. 78, Sch. 10 para. 32(17)(a) (with ss. 7(6), 115, 117, Sch. 8 para. 7); S.I. 1995/2950, art. 2(1)
F4Words in Sch. 14 para. 1(2)(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, Sch. 1 Pt. 1 (see S.I. 2006/1172, art. 2(a)-(d) (with art. 3) and S.I. 2006/1279, art. 2(a)-(d) (with art. 3))
F5Words in definition of "council" in Sch. 14 para. 1(3) inserted (1.4.1996) by 1994 c. 19, s. 20(4), Sch. 6 Pt. II para. 24(17)(b) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch. 1
F6Words in Sch. 14 para. 1(3) substituted (31.1.2017 for specified purposes, 1.4.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 2 para. 95; S.I. 2018/227, reg. 4(c)
F7Sch. 14 para. 1(3): words in definition of "council" substituted (17.12.2009) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), ss. 119, 148, 149, Sch. 6 para. 82(3); S.I. 2009/3318, art. 2
F8Words in Sch. 14 para. 1(3) substituted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 1 para. 70; S.I. 2017/399, reg. 2, Sch. para. 38
F9Words in Sch. 14 para. 1(6) inserted (23.11.1995) by 1995 c. 25, s. 78, Sch. 10 para. 32(17)(b) (with ss. 7(6), 115, 117, Sch. 8 para. 7); S.I. 1995/2950, art. 2(1)
Modifications etc. (not altering text)
C2Sch. 14 para. 1(3) amended (1.4.1995) by S.I. 1995/401, art. 18, Sch. para. 5
Marginal Citations