HL Deb 08 July 1968 vol 294 cc733-5

1.—(1) Before an order under section (Powers for local authorities analogous to s.153 of principal Act) or (Extinguishment or footpaths etc. over land held for planning purposes) of this Act is submitted to the Minister for confirmation or confirmed as an unopposed order, the authority by whom the order was made shall give notice in the prescribed form—

  1. (a) stating the general effect of the order and that it has been made and is bout to be submitted for confirmation or to be confirmed as an unopposed order;
  2. (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 at all reasonable hours; and
  3. (c) specifying the time (not being less than twenty-eight days from the late of the first publication of the notice) within which, and the manner in which, representations or objections with respect to tie order may be made.

(2) Subject to sub-paragraph (3) below, the notice to he given under sub-paragraph (1) above shall be given—

  1. (a) by publication in the London Gazette and in at least one local newspaper circulating in the area in which the land to which the order relates is situated; and
  2. (b) by serving a like notice on—
    1. (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 Rent Act 1968) of any of that land,
    2. (ii) every council, the council of every rural parish and the parish meeting of every rural parish not having a separate parish council, being a council or parish whose area includes any of that lard; and
  3. (c) by causing a copy of the notice to be displayed in a prominent position at the ends of so much of any footpath or bridleway as is to be stopped up, diverted of extinguished by virtue of the order.

(3) Except in the case of an owner, occupier or lessee being a local authority or statutory undertakers, the Minister may in any particular case direct that it shall not be necessary to comply with sub-paragraph (2)(b)(i) above; but if he so directs in the case of any land, then in addition to publication the notice shall be addressed to the owners and any occupiers of the land (describing it) and a copy or copies of the notice shall be affixed to some conspicuous object or objects on the land

(4) Where under this paragraph a notice is required to be served on an owner of land and the land belongs to an ecclesiastical benefice, a like notice shall be served on the Church Commissioners.

2. If no representations or objections are duly made, or if any so made are withdrawn, the authority by whom the order was made may, instead of submitting the order to the Minister, themselves confirm the order (but without any modification).

3.—(1) If any representation duly made is not withdrawn, the Minister shall, before confirming the order, if the objection is made by a local authority cause a local inquiry to be held, and in any other case either—

  1. (a) cause a local inquiry to be held; or
  2. (b) afford to any person by whom any representation or objection has been duly made and not withdrawn an opportunity of being heard by a person appointed by the Minister for the purpose,
and, after considering the report of the person appointed to hold the inquiry or to hear representations or objections, may confirm the order, with or without modifications:

Provided that in the case of an order under section (Powers for local authorities analogous to s. 153 of principal Act) of this Act, if objection is made by statutory undertakers on the ground that the order provides for the creation of a public right of way over land covered by works used for the purpose of their undertaking, or the curtilage of such land, and the objection is not withdrawn, the order shall be subject to special parliamentary procedure.

(2) Notwithstanding anything in the foregoing provisions of this paragraph, the Minister shall not confirm an order so as to affect land not affected by the order as submitted to him, except after—

  1. (a) giving such notice as appears to him requisite of his proposal so to modify the order, specifying the time (not being less than twenty-eight 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 proposal may be made;
  2. (b) holding a local inquiry or affording to any person by whom any representation or objection has been duly made and not withdrawn an opportunity of being heard by a person appointed by the Minister for the purpose; and
  3. (c) considering the report of the person appointed to hold the inquiry or to hear representations or objections as the case may be;
and, in the case of an order under section (Powers for local authorities analogous to s. 153 of principal Act) of this Act, if objection is made by statutory undertakers on the ground that the order as modified would provide for the creation of a public right of way over land covered by works used for the purposes of their undertaking, or the curtilage of such land, and the objection is not withdrawn, the order shall be subject to special parliamentary procedure.

4. Regulations under this Act may, subject to this Part of this Schedule, make such provision as the Minister thinks expedient as to the procedure on the making, submission and confirmation of orders under sections (Powers for local authorities analogous to s. 153 of principal Act) and (Extinguishment of footpaths etc. for land help for planning purposes) of this Act.

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