Section 61 Rights of way improvement plans: supplemental.I1 C1

England and Wales

(1)

Before preparing or reviewing a rights of way improvement plan, and in particular in making any assessment under section 60(1)(a) or (3)(a), a local highway authority shall consult—

(a)

each local highway authority whose area adjoins their area;

(b)

each district council, and each parish or community council, whose area is within their area;

(c)

the National Park authority for a National Park any part of which is within their area;

(d)

where any part of the Broads is within their area, the Broads Authority;

(e)

any local access forum established for their area or any part of it;

(f)

F1Natural England or F2the Natural Resources Body for Wales (as appropriate);

(g)

such persons as the Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales) may by regulations prescribe in relation to the local highway authority’s area; and

(h)

such other persons as the local highway authority may consider appropriate.

(2)

In preparing or amending a rights of way improvement plan, a local highway authority shall—

(a)

publish a draft of the plan or of the plan as amended,

(b)

publish, in two or more local newspapers circulating in their area, notice of how a copy of the draft can be inspected or obtained and how representations on it can be made to them, and

(c)

consider any representations made in accordance with the notice.

(3)

As regards their rights of way improvement plan, any draft plan on which representations may be made and any report under section 60(4)(b), a local highway authority shall—

(a)

keep a copy available for inspection free of charge at all reasonable times at their principal offices, and

(b)

supply a copy to any person who requests one, either free of charge or on payment of a reasonable charge determined by the authority.

(4)

Local highway authorities shall, in carrying out their functions under section 60 and this section, have regard to such guidance as may from time to time be given to them by the Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales).

(5)

A local highway authority may make arrangements with—

(a)

any district council whose area is within their area, or

(b)

the National Park authority for a National Park any part of which is within their area,

for the functions of the local highway authority under section 60 and this section so far as relating to the area of that council or to the part of the Park within the local highway authority’s area, to be discharged jointly by the local highway authority and by that council or National Park authority.

(6)

Regulations under subsection (1)(g) shall be made by statutory instrument, and a statutory instrument containing such regulations made by the Secretary of State shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(7)

In this section—

“local highway authority” has the same meaning as in the 1980 Act;
“the Broads” has the same meaning as in the M1Norfolk and Suffolk Broads Act 1988.

Annotations

Commencement

I1: S. 61 wholly in force at 21.11.2002; s. 61 not in force at Royal Assent see s. 103(3)(4); s. 61 in force for W. at 1.11.2002 by S.I. 2002/2615, art. 2; s. 61 in force for E. at 21.11.2002 by S.I. 2002/2833, art. 2

Section 61 Rights of way improvement plans: supplemental.I1C1

Annotations

Textual amendments

Marginal citations

Modifications

Commencement

Section 61 Rights of way improvement plans: supplemental.I1 C1