Local Government, Planning and Land Act 1980

2 (1) The following subsection shall be substituted for section 29(3) of the Highways Act 1959 (which gives the Secretary of State power to direct a local authority to make an order for the creation of a footpath or bridleway): —

“(3) Where it appears to the Secretary of State in a particular case that there is need for a footpath or bridleway as mentioned in subsection (1) of the last foregoing section, and he is satisfied as mentioned in that subsection, he may, after consultation with each body which is a local authority for the purposes of section 28 of this Act in relation to the land concerned, make a public path creation order creating the footpath or bridleway.”

(2) In section 30 of that Act (which relates to the making up of new footpaths and bridleways)—

(a) subsections (2) and (3) (which relate to the settlement by the Secretary of State of disputes as to works for that purpose) shall cease to have effect; and

(b) in subsection (4) (which relates to the carrying out of such works and the recovery of expenses incurred in carrying them out), for the words from the beginning to " thereof ", in the first place where it occurs, there shall be substituted the words " It shall be the duty of the highway authority to carry out any works specified in a certificate under subsection (1) of this section ".

(3) The following subsections shall be substituted for subsection (5) of that section (which contains further provisions relating to public path creation orders): —

“(5) Where the Secretary of State makes a public path creation order under subsection (3) of the last foregoing section, he may direct that subsection (5A) of this section shall apply.

(5A) Where the Secretary of State gives such a direction—

(a) the local authority who, on the coming into force of the order, became the highway authority for the path or way in question shall survey the path or way and shall certify what work (if any) appears to them to be necessary to bring it into a fit condition for use by the public as a footpath or bridleway, as the case may be, and shall furnish the Secretary of State with a copy of the certificate;

(b) if the Secretary of State is not satisfied with a certificate made under the foregoing paragraph, he shall either cause a local inquiry to be held or shall give to the local authority an opportunity of being heard by a person appointed by him for the purpose and, after considering the report of the person appointed to hold the inquiry or the person so appointed as aforesaid, shall make such order either confirming or varying the certificate as he may think fit; and

(c) subject to the provisions of the last foregoing paragraphs, it shall be the duty of the highway authority to carry out the work specified in a certificate made by them under paragraph (a) of this subsection.”

(4) In section 112 of that Act (public path extinguishment and diversion orders)—

(a) for the words in subsection (5) following paragraph (b) (which give the Secretary of State power to direct local authorities to make and submit to him a public path extinguishment order or a public path diversion order) there shall be substituted the words " he may himself make the order after consultation with the appropriate authority " ; and

(b) the following subsection shall be substituted for subsection (7):—

“(7) Where under subsection (5) of this section the Secretary of State decides to make a public path diversion order, he may require the owner, lessee or occupier on whose representations he is acting to enter into an agreement with such council as he may specify for the owner, lessee or occupier to defray, or to make such contribution as may be specified in the agreement towards, any such compensation or expenses as are specified in paragraphs (a), (b) and (c) of section 111(4) of this Act.”

(5) In section 126 of that Act (authorisation of erection of stiles etc. in footpath or bridleway) subsection (2) which gives the Secretary of State power to determine certain disputes about such authorisations) shall cease to have effect.

(6) In section 29(4) of the [1968 c. 41.] Countryside Act 1968 (by virtue of which a highway authority are required to consult the Minister of Agriculture, Fisheries and Food before refusing to make an order under that section relating to the making good of the surface of a footpath or bridleway after it has been ploughed up) the words "and the highway authority shall before refusing to make an order under subsection (2) of this section consult the Minister of Agriculture, Fisheries and Food" shall cease to have effect.