§ Amendments made: No. 28, in page 27, line 42, leave out subsections (2) to (4).
§
No. 29, in page 28, line 20, leave out from beginning to "specified" in line 21 and insert
It shall be the duty of the highway authority to carry out any works".
No. 30, in page 28, line 38, leave out subsection (7) and insert—
(7) Where the Secretary of State makes a public path creation order under section 26(2) above, he may direct that subsection (7A) below shall apply.
(7A) Where the Secretary of State gives such a direction—
- (a) the local authority who, on the coming into force of the order, became the highway authority for the path or way in question shall survey the path or way and shall certify what work (if any) appears to them to be necessary to bring it into a fit condition for use by the public as a footpath or bridleway, as the case may be, and shall furnish the Secretary of State with a copy of the certificate;
- (b) if the Secretary of State is not satisfied with a certificate made under the foregoing paragraph, he shall either cause a local inquiry to be held or shall give to the local authority an opportunity of being heard
497 by a person appointed by him for the purpose and, after considering the report of the person appointed to hold the inquiry or the person so appointed as aforesaid, shall make such order either confirming or varying the certificate as he may think fit; and - (c) subject to the provisions of the last foregoing paragraphs, it shall be the duty of the highway authority to carry out the work specified in a certificate made by them under paragraph (a) above".—[The Solicitor-General.]
§ Clause, as amended, ordered to stand part of the Bill.
§ Clauses 28 to 36 ordered to stand part of the Bill.