OpenLegislation

Paragraph 11 Service and display of notice of orderI1

England and Wales Not yet in force

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

At least 28 days before the end of the period specified in the notice published under paragraph 10, the authority must—

(a)

serve copies of the notice and order on the persons mentioned in sub-paragraph (2), and

(b)

serve a copy of the notice on every person who has made a request under sub-paragraph (3) that applies to the order.

(2)

The persons on whom copies of the notice and order must be served under sub-paragraph (1)(a) are—

(a)

every owner, occupier and tenant of any of the land to which the order relates;

(b)

every relevant local authority (other than the authority that made the order) whose area includes any of that land;

(c)

any statutory undertaker to which any apparatus on that land belongs, or that uses any such apparatus, for the purposes of its undertaking;

(d)

any other persons specified in regulations;

(e)

any other persons the authority considers appropriate.

(3)

Any person may, on paying any reasonable charge made by the authority, request the authority to give the person notice of all orders under sections 293 and 300 that—

(a)

are made by the authority in a specified period,

(b)

are of a specified description, and

(c)

relate to land in a specified area,

and in this sub-paragraph “specified” means specified in the request.

(4)

At least 28 days before the end of the period specified in the notice published under paragraph 10, the authority must cause a copy of the notice to be displayed in a prominent position—

(a)

at the ends of so much of any footpath, bridleway or restricted byway as is to be stopped up or diverted, or so much of any right of way as is to be extinguished, by virtue of the order,

(b)

at local government offices in the locality of the land to which the order relates, and

(c)

at any other places the authority considers appropriate.

(5)

With each copy of the notice that is displayed under sub-paragraph (4)(a) at the ends of so much of a way as is affected by the order, there must be displayed a plan showing the general effect of the order so far as it relates to that way.

(6)

In this paragraph—

  • “local government offices” (“swyddfeydd llywodraeth leol”) means offices or buildings of a relevant local authority;

  • “relevant local authority” (“awdurdod lleol perthnasol”) means—

    1. (a)

      in relation to an area in Wales—

      1. (i)

        a county council or county borough council;

      2. (ii)

        a National Park authority;

      3. (iii)

        a joint planning board;

      4. (iv)

        a community council;

    2. (b)

      in relation to an area in England—

      1. (i)

        a county council;

      2. (ii)

        a district council;

      3. (iii)

        a National Park authority;

      4. (iv)

        a joint planning board constituted under section 2 of the Town and Country Planning Act 1990 (c. 8);

      5. (v)

        a parish council or the parish meeting of a parish that does not have a separate council;

      6. (vi)

        a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004 (c. 21);

      7. (vii)

        an economic prosperity board or combined authority established under Part 6 of the Local Democracy, Economic Development and Construction Act 2009 (c. 20), or a combined county authority established under Chapter 1 of Part 2 of the Levelling-up and Regeneration Act 2023 (c. 55);

  • “tenant” (“tenant”) does not include—

    1. (a)

      a tenant for a month or less;

    2. (b)

      a statutory tenant within the meaning of the Rent Act 1977 (c. 42) (see section 2 of that Act).

Annotations

Commencement

I1

Sch. 17 para. 11 not in force at Royal Assent, see s. 409(2)