{
  "url": "https://openlegislation.uk/local-authorities-functions-and-responsibilities-england-amendment-regulations-2001/schedule/paragraph-2",
  "json_url": "https://openlegislation.uk/local-authorities-functions-and-responsibilities-england-amendment-regulations-2001/schedule/paragraph-2.json",
  "legislation": "uksi/2001/2212",
  "legislation_title": "The Local Authorities (Functions and Responsibilities) (England) (Amendment) Regulations 2001",
  "legislation_url": "https://openlegislation.uk/local-authorities-functions-and-responsibilities-england-amendment-regulations-2001",
  "path": "schedule/paragraph/2",
  "kind": "paragraph",
  "number": "2",
  "heading": null,
  "text": "For paragraph I (miscellaneous functions), substitute the following paragraph—\n“\nI. Miscellaneous functions\n(1)\n(2)\nFunction\nProvision of Act or Statutory Instrument\nPart I: functions relating to public rights of way\n1 Power to create footpath or bridleway by agreement.\nSection 25 of the Highways Act 1980 (c. 66).\n2 Power to create footpaths and bridleways.\nSection 26 of the Highways Act 1980.\n3 Duty to keep register of information with respect to maps, statements and declarations.\nSection 31A of the Highways Act 1980.\n4 Power to stop up footpaths and bridleways.\nSection 118 of the Highways Act 1980.\n5 Power to determine application for public path extinguishment order.\nSections 118ZA and 118C(2) of the Highways Act 1980.\n6 Power to make a rail crossing extinguishment order.\nSection 118A of the Highways Act 1980.\n7 Power to make a special extinguishment order.\nSection 118B of the Highways Act 1980.\n8 Power to divert footpaths and bridleways.\nSection 119 of the Highways Act 1980.\n9 Power to make a public path diversion order.\nSections 119ZA and 119C(4) of the Highways Act 1980.\n10 Power to make a rail crossing diversion order.\nSection 119A of the Highways Act 1980.\n11 Power to make a special diversion order.\nSection 119B of the Highways Act 1980.\n12 Power to require applicant for order to enter into agreement.\nSection 119C(3) of the Highways Act 1980.\n13 Power to make an SSSI diversion order.\nSection 119D of the Highways Act 1980.\n14 Duty to keep register with respect to applications under sections 118ZA, 118C, 119ZA and 119C of the Highways Act 1980.\nSection 121B of the Highways Act 1980.\n15 Power to decline to determine certain applications.\nSection 121C of the Highways Act 1980.\n16 Duty to assert and protect the rights of the public to use and enjoyment of highways.\nSection 130 of the Highways Act 1980.\n17 Duty to serve notice of proposed action in relation to obstruction.\nSection 130A of the Highways Act 1980.\n18 Power to apply for variation of order under section 130B of the Highways Act 1980.\nSection 130B(7) of the Highways Act 1980.\n19 Power to authorise temporary disturbance of surface of footpath or bridleway.\nSection 135 of the Highways Act 1980.\n20 Power temporarily to divert footpath or bridleway.\nSection 135A of the Highways Act 1980.\n21 Functions relating to the making good of damage and the removal of obstructions.\nSection 135B of the Highways Act 1980.\n22 Powers relating to the removal of things so deposited on highways as to be a nuisance.\nSection 149 of the Highways Act 1980.\n23 Power to extinguish certain public rights of way.\nSection 32 of the Acquisition of Land Act 1981 (c. 67).\n24 Duty to keep definitive map and statement under review.\nSection 53 of the Wildlife and Countryside Act 1981 (c. 69).\n25 Power to include modifications in other orders.\nSection 53A of the Wildlife and Countryside Act 1981.\n26 Duty to keep register of prescribed information with respect to applications under section 53(5) of the Wildlife and Countryside Act 1981.\nSection 53B of the Wildlife and Countryside Act 1981.\n27 Duty to reclassify roads used as public paths.\nSection 54 of the Wildlife and Countryside Act 1981.\n28 Power to prepare map and statement by way of consolidation of definitive map and statement.\nSection 57A of the Wildlife and Countryside Act 1981.\n29 Power to designate footpath as cycle track.\nSection 3 of the Cycle Tracks Act 1984 (c. 38).\n30 Power to extinguish public right of way over land acquired for clearance.\nSection 294 of the Housing Act 1981 (c. 68).\n31 Power to authorise stopping-up or diversion of footpath or bridleway.\nSection 257 of the Town and Country Planning Act 1990.\n32 Power to extinguish public rights of way over land held for planning purposes.\nSection 258 of the Town and Country Planning Act 1990.\n33 Power to enter into agreements with respect to means of access.\nSection 35 of the Countryside and Rights of Way Act 2000 (c. 37).\n34 Power to provide access in absence of agreement.\nSection 37 of the Countryside and Rights of Way Act 2000.\nPart II: other miscellaneous functions\n35 Functions relating to sea fisheries.\nSections 1, 2, 10 and 19 of the Sea Fisheries Regulation Act 1966 (c. 38).\n36 Power to make standing orders.\nSection 106 of, and paragraph 42 of Schedule 12 to, the Local Government Act 1972 (c. 70).\n37 Power to appoint staff, and to determine the terms and conditions on which they hold office (inlcuding procedures for their dismissal).\nSection 112 of the Local Government Act 1972.\n38 Power to make standing orders as to contracts.\nSection 135 of the Local Government Act 1972.\n39 Duty to make arrangements for proper administration of financial affairs etc.\nSection 151 of the Local Government Act 1972.\n40 Power to appoint officers for particular purposes (appointment of “proper officers”).\nSection 270(3) of the Local Government Act 1972.\n41 Power to make limestone pavement order.\nSection 34(2) of the Wildlife and Countryside Act 1981 (c. 69).\n42 Power to make closing order with respect to take-away food shops.\nSection 4 of the Local Government (Miscellaneous Provisions) Act 1982 (c. 30).\n43 Duty to designate officer as the head of the authority’s paid service, and to provide staff, etc.\nSection 4(1) of the Local Government and Housing Act 1989 (c. 42).\n44 Duty to designate officer as the monitoring officer, and to provide staff, etc.\nSection 5(1) of the Local Government and Housing Act 1989.\n45 Duty to approve authority’s statement of accounts, income and expenditure and balance sheet, or record of payments and receipts (as the case may be).\nThe Accounts and Audit Regulations 1996 (S.I. 1996/590).\n46 Powers relating to the protection of important hedgerows.\nThe Hedgerows Regulations 1997 (S.I. 1997/1160).\n47 Powers relating to the preservation of trees.\nSections 197 to 214D of the Town and Country Planning Act 1990, and the Trees Regulations 1999 (S.I. 1999/1892).\n48 Power to make payments or provide other benefits in cases of maladministration etc.\nSection 92 of the Local Government Act 2000.\n”.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "Section 31A of the Highways Act 1980 was inserted by the Countryside and Rights of Way Act 2000 (c. 37), Schedule 6. Sections 118A and 119A of the Highways Act 1980 were inserted by the Transport and Works Act 1992 (c. 42), section 47 and Schedule 2. Sections 118ZA, 118B, 119ZA, 119B, 119D, 121B and 121C of the Highways Act 1980 were inserted by the Countryside and Rights of Way Act 2000, Schedule 6. Section 135 of the Highways Act 1980 was substituted by the Rights of Way Act 1990 (c. 24). Sections 135A and 135B of the Highways Act were inserted by the Countryside and Rights of Way Act 2000, Schedule 6. Sections 53A, 53B and 57A of the Wildlife and Countryside Act 1981 (c. 69) were inserted by the Countryside and Rights of Way Act 2000, Schedule 5, paragraphs 2 and 8."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2001/2212/schedule/paragraph/2",
    "retrieved_at": "2026-10-29T07:46:12.891917+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}