- Latest available (Revised)
- Original (As enacted)
This is the original version (as it was originally enacted).
9(1)Section 64 (orders restricting public right of way over highway) is amended as follows.
(2)In subsection (1), in the words before paragraph (a), after “order” insert “or expedited order”.
(3)After subsection (1) insert—
“(1A)Before making a public spaces protection order that restricts the public right of way over a highway, a local authority must take the prior consultation steps (see subsection (2)).
(1B)A local authority may not make an expedited order that restricts the public right of way over a highway unless it—
(a)takes the prior consultation steps before making the order, or
(b)takes the subsequent consultation steps (see subsection (2A)) as soon as reasonably practicable after making the order.”
(4)In subsection (2), for the words from “Before” to “must” substitute “To take the “prior consultation steps” in relation to an order means to”.
(5)After subsection (2) insert—
“(2A)To take the “subsequent consultation steps” in relation to an expedited order means to—
(a)notify potentially affected persons of the order,
(b)invite those persons to make representations within a specified period about the terms and effects of the order,
(c)inform those persons how they can see a copy of the order, and
(d)consider any representations made.
The definition of “potentially affected persons” in subsection (2) applies to this subsection as if the reference there to “the proposed order” were to “the order”.”
(6)After subsection (3) insert—
“(3B)Where a local authority proposes to make an expedited order restricting the public right of way over a highway that is also within the area of another local authority it must, if it thinks appropriate to do so, consult that other authority before, or as soon as reasonably practicable after, making the order.”
(7)In subsections (4), (5), (6), (7) and (8), after “order” insert “or expedited order”.
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: