The Public Path Orders Regulations 1993

Procedure for orders

4.—(1) An order shall be made in duplicate and, where the order is submitted to the Secretary of State for confirmation, the order and duplicate shall be sent to him accompanied by:

(a) two copies of the order,

(b) a copy of the notice given before submission as required by Schedule 6 to the Act,

(c) a statement of the grounds on which the authority consider that the order should be confirmed,

(d) any representations or objections duly made with respect to the order and not withdrawn, together with any observations on them of the authority, and

(e) in any case in which the authority is required to obtain the consent of, or to consult with, any other authority or body before the order is made, a certificate by the authority that such consent has been obtained or such consultation has taken place together with a statement of the nature and effect of such consultation.

(2) Any proceedings preliminary to the confirmation of a public path extinguishment order or a rail crossing extinguishment order may be taken concurrently with any proceedings preliminary to the confirmation of a public path creation order, a public path diversion order or a rail crossing diversion order(1).

(3) After a decision not to confirm an order, the authority shall, as soon as the requirements of paragraph 4(3) of Schedule 6 to the Act have been complied with, so certify in writing to the Secretary of State.

(4) After an order has been confirmed by the Secretary of State, the authority shall, as soon as the requirements of paragraph 4(1) of Schedule 6 to the Act have been complied with, so certify in writing to the Secretary of State.

(5) After an order has been confirmed, the authority shall send a copy of it as confirmed to the Ordnance Survey.

(1)

See paragraph 3(2) of Schedule 6 to the Act as amended by section 47 of, and paragraph 10(4) of Schedule 2 to, the Transport and Works Act 1992 (c. 42).