Section 58 Application for path creation order for purposes of Part I.

England and Wales

F1(1)

An application for the making of a public path creation order under section 26(2) of the 1980 Act may be made—

(a)

by Natural England to the Secretary of State, or

(b)

for the purpose of enabling the public to obtain access to any access land (within the meaning of Part 1) or of facilitating such access, by F2the Natural Resources Body for Wales to the National Assembly for Wales.

(2)

Before making a request under subsection (1), the body making the request shall have regard to any rights of way improvement plan prepared by any local highway authority whose area includes land over which the proposed footpath or bridleway would be created.

Annotations

Textual amendments

F1: S. 58(1) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), s. 107, Sch. 11 para. 159; S.I. 2006/2541, art. 2 (with Sch.)
F2: Words in s. 58(1)(b) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 406 (with Sch. 7)