HL Deb 30 March 1981 vol 419 cc88-91

The Town and Country Planning Act 1971

1.—(1) In sub-paragraph (1)(b) of paragraph 1 of Schedule 20 to the Town and Country Planning Act 1971 procedure in connection with orders relating to footpaths and bridleways, after the word "charge" there shall be inserted the words "and copies thereof may be obtained at a reasonable charge".

(2) In sub-paragraph (2) of that paragraph—

  1. (a) in head (a) the words "in the London Gazette and" shall be omitted;
  2. (b) at the end of head (b) there shall be inserted the words—
(iv) such other bodies as may be prescribed or as the authority may consider appropriate; and"; and

(c) for head (c) there shall be substituted the following head— (c) by causing a copy of the notice to be displayed in a prominent position—

  1. (i) at the ends of so much of any footpath or bridle-way as is to be stopped up, diverted or extinguished by the order;
  2. (ii) at council offices in the locality of the land to which the order relates; and
  3. (iii) at such other places as the authority may consider appropriate".

(3) At the end of sub-paragraph (3) of that paragraph there shall be inserted the words "and" 'council offices' means offices or buildings acquired or provided by a council".

(4) After sub-paragraph (4) of that paragraph there shall be inserted the following sub-paragraph— (5) The notice required to be displayed by sub-paragraph (2)(c)(i) of this paragraph 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.

2. After paragraph 3 of that Schedule there shall be inserted the following paragraph— 3A.—(1) A decision under paragraph 3 of this Schedule shall, except in such classes of case as may for the time being be prescribed or as may be specified in directions given by the Secretary of State, be made by a person appointed by the Secretary of State for the purpose instead of by the Secretary of State; and a decision made by a person so appointed shall be treated as a decision of the Secretary of State.

(2) The Secretary of State may, if he thinks fit, direct that a decision which, by virtue of sub-paragraph (1) of this paragraph and apart from this sub-paragraph, falls to be made by a person appointed by the Secretary of State shall instead be made by the Secretary of State; and a direction under this sub-paragraph shall state the reasons for which it is given and shall be served on the person, if any, so appointed, the authority and any person by whom a representation or objection has been duly made and not withdrawn.

(3) Where the Secretary of State has appointed a person to make a decision under paragraph 3 of this Schedule the Secretary of State may, at any time before the making of the decision, appoint another person to make it instead of the person first appointed to make it.

(4) Where by virtue of sub-paragraph (2) or (3) of this paragraph a particular decision falls to be made by the Secretary of State or any other person instead of the person first appointed to make it, anything done by or in relation to the latter shall be treated as having been done by or in relation to the former.

(5) Regulations under this Act may provide for the giving of publicity to any directions given by the Secretary of State under this paragraph."

3. In paragraph 6 of that Schedule—

  1. (a) for the words "a copy thereof" there shall be substituted the words "a copy of the order";
  2. (b) after the words "free of charge" there shall be inserted the words "and copies thereof may be obtained at a reasonable charge"; and
  3. (c) in head (b) for the words "a like notice" there shall be substituted the words "like notices" and for the words "the notice" there shall be substituted the words "the notices".

The Highways Act 1980

4.—(1) In sub-paragraphs (1)(b) and (2)(b) of paragraph 1 of Schedule 6 to the Highways Act 1980 (procedure as to certain orders relating to footpaths and bridleways) after the words "free of charge" there shall be inserted the words "and copies thereof may be obtained at a reasonable charge".

(2) For sub-paragraph (3) of that paragraph there shall be substituted the following sub-paragraph—

"(3) The notices to be given under sub-paragraph (1) or (2) above shall be given—

  1. (a) by publication in at least one local newspaper circulating in the area in which the land to which the order relates is situated;
  2. (b) by serving a like notice on—
    1. (i) every owner, occupier and lessee (except tenants for a month or any period less than a month and statutory tenants within the meaning of the Rent (Agriculture) Act 1976 or the Rent Act 1977) of any of that land;
      2. 90
    2. (ii) every council, the council of every parish or community council, and the parish meeting of every parish not having a separate parish council, being a council, parish or community whose area includes any of that land;
    3. (iii) such other bodies as may be prescribed or as the authority or, as the case may be, the Secretary of State may consider appropriate; and
  3. (c) by causing a copy of the notice to be displayed in a prominent position—
  1. (i) at the ends of so much of any footpath or bridleway as is created, stopped up or diverted by the order;
  2. (ii) at council offices in the locality of the land to which the order relates; and
  3. (iii) in such other places as the authority or, as the case may be, the Secretary of State may consider appropriate."

(3) After that sub-paragraph there shall be inserted the following sub-paragraphs— (3A) In sub-paragraph (3) above "council" means a county council, a district council, the Greater London Council or a London borough council and "council offices" means offices or buildings acquired or provided by a council.

(3B) The Secretary of State may, in any particular case, direct that is shall not be necessary to comply with subparagraph (3)(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 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.

(3C) The notice required to be displayed by sub-paragraph (3)(c)(i) above 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 as made so far as it relates to that way.".

5. After paragraph 2 of that Schedule there shall be inserted the following paragraph— 2A.—(1) A decision under paragraph 2 above shall, except in such classes of case as may for the time being be prescribed or as may be specified in directions given by the Secretary of State, be made by a person appointed by the Secretary of State for the purpose instead of by the Secretary of State; and a decision made by a person so appointed shall be treated as a decision of the Secretary of State.

(2) The Secretary of State may, if he thinks fit, direct that a decision which, by virtue of sub-paragraph (1) above and apart from this sub-paragraph, falls to be made by a person appointed by the Secretary of State shall instead be made by the Secretary of State; and a direction under this sub-paragraph shall state the reasons for which it is given and shall be served on the person, if any, so appointed, the authority and any person by whom a representation or objection has been duly made and not withdrawn.

(3) Where the Secretary of State has appointed a person to make a decision under paragraph 2 above the Secretary of State may, at any time before the making of the decision, appoint another person to make it instead of the person first appointed to make it.

(4) Where by virtue of sub-paragraph (2) or (3) above a particular decision falls to be made by the Secretary of State or any other person instead of the person first appointed to make it, anything done by or in relation to the latter shall be treated as having been done by or in relation to the former.

(5) Provision may be made by regulations of the Secretary of State for the giving of publicity to any directions given by the Secretary of State under this paragraph."

6. In paragraph 4 of that Schedule after the words "free of charge" there shall be inserted the words "and copies thereof may be obtained at a reasonable charge" and for heads (a) and (b) there shall be substituted the following heads—

  1. "(a) service a like notice and a copy of the order as confirmed or made on any persons on whom notices were required to be served under paragraph 1(3), (3B) or (4) above; and
  2. (b) cause like notices to be displayed in the like manner as the notices caused to be displayed under paragraph 1(3) above;".

Supplemental

7.—(1) The amendments made by the foregoing provisions of this Schedule shall not apply in relation to any order if it was made or a draft thereof was prepared, or a notice relating to it was given under paragraph 1 of the relevant Schedule, before the commencement date.

(2) Any references in this paragraph to Schedule 6 to the Highways Act 1980 includes a reference to that Schedule as applied by paragraph 3 of the provisions of Part I of Schedule 3 to the 1968 Act which relate to the Acquisition of Land (Authorisation Procedure) Act 1946.").

The noble Earl said: My Lords, my noble friend Lord Bellwin spoke to Amendment No. 128. I beg to move Amendments Nos. 128 to 157 en bloc.

The Deputy Speaker

My Lords, I should point out that there is a slight difference in Amendment No. 143 which says: Page 94, line 20, leave out from and it should say, "first shall". The word "first" should be inserted. With that insertion, the Question is that Amendments Nos. 128 to 157 be agreed to.

On Question, amendments agreed to.

Schedule 15 [Enactments repealed]:

The Earl of Avon moved Amendments Nos. 158 to 165:

Page 101, line 15, at end insert—

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