§ Mr. Peter FraserI beg to move amendment No. 29, in page 6, line 15, after '35A' insert '(1)'.
Mr. Deputy SpeakerWith this it will be convenient to take amendment No. 30, in page 6, line 21, at end insert—
'(2) Part II of Schedule 3 to this Act shall apply to orders of the kind referred to in subsection (1) above as it applies to other orders made under any of the said sections 31, 34 or 35.'.
§ Mr. FraserClause 9 provides that orders for the creation, diversion and extinguishment of public footpaths need no longer be confirmed by the Secretary of State unless objections about them are sustained. The intention is that the provisions in schedule 3 of the 1967 Act should continue to apply to the procedures to be used for making such orders.
Since the Committee stage of the Bill, I have received a number of representations from the Scottish Countryside Activities Council, which otherwise supports the Bill, saying that it is concerned about whether the normal procedure for advertising objections will continue. It is feared that an authority might make an order without seeking confirmation on the grounds that there was no objection, and without complying with the requirements 1044 of schedule 3 about giving notice of the order and allowing a period for objections to be lodged. That would not be feasible, as the procedure would have to be completed before it could be established that an order was unopposed.
To put the council's fears at rest—whether or not they are real—I propose to write into the Bill confirmation that an appeal about an unopposed order, made without the Secretary of State's confirmation, should continue to lie to the Court of Session when an aggrieved person would consider whether the proper procedures had been followed by the promoting authority. That should assure affected individuals that their interests are being properly protected in the Bill.
§ Amendment agreed to.
§
Amendments made: No. 30, in page 6, line 21, at end insert—
'(2) Part II of Schedule 3 to this Act shall apply to orders of the kind referred to in subsection (1) above as it applies to other orders made under any of the said sections 31, 34 or 35.'.—[Mr. Peter Fraser.]
§ No. 31, that clause 9 be transferred to the end of line 28 on page 4—[Mr. Rifkind.]