OpenLegislation

Section 73 Public rights of wayI1I2

England and Wales

(1)

An infrastructure consent order may extinguish a public right of way over land only if the Welsh Ministers are satisfied that—

(a)

an alternative right of way has been or will be provided, or

(b)

the provision of an alternative right of way is not required.

(2)

The following provisions of this section apply if—

(a)

an infrastructure consent order makes provision for the acquisition of land, compulsorily or by agreement,

(b)

the order extinguishes a public right of way over the land, and

(c)

the right of way is not a right enjoyable by vehicular traffic.

(3)

The order may not provide for the right of way to be extinguished from a date which is earlier than the date on which the order is published.

(4)

Subsection (5) applies if—

(a)

the order extinguishes the right of way from a date (“the extinguishment date”) which is earlier than the date on which the acquisition of the land is completed, and

(b)

at any time after the extinguishment date it appears to the Welsh Ministers that the proposal to acquire the land has been abandoned.

(5)

The Welsh Ministers must by order direct that the right is to revive.

(6)

Nothing in subsection (5) prevents the making of a further order extinguishing the right of way.

Annotations

Commencement

I1

S. 73 not in force at Royal Assent, see s. 147(2)

I2

S. 73 in force at 15.12.2025 by S.I. 2025/698, art. 3(d)