SCHEDULES

C4C5 SCHEDULE 6 Provisions as to Making, Confirmation, Validity and Date of Operation of Certain Orders Relating to Footpaths F12, Bridleways and Restricted Byways

Annotations:
Amendments (Textual)
F12

Words in Sch. 6 heading substituted (2.5.2006 for E. and 11.5.2006 for W.) by The Restricted Byways (Application and Consequential Amendment of Provisions) Regulations 2006 (S.I. 2006/1177), regs. 1(2)(4), 2, Sch. Pt. I; S.I. 2006/1172, art. 2(a)-(d) (with art. 3); S.I. 2006/1279, art. 2(a)-(d) (with art. 3)

Modifications etc. (not altering text)
C4

Sch. 6 extended (with modifications) (19.9.1995) by 1995 c. 25, ss. 70, 125(2), Sch. 9 para. 11(d) (with ss. 7(6), 115, 117, Sch. 8 para. 7).

C3Part I Procedure for Making and Confirming Certain Orders Relating to Footpaths F13, Bridleways and Restricted Byways

Annotations:
Amendments (Textual)
F13

Words in Sch. 6 Pt I heading substituted (2.5.2006 for E. and 11.5.2006 for W.) by The Restricted Byways (Application and Consequential Amendment of Provisions) Regulations 2006 (S.I. 2006/1177), regs. 1(2)(4), 2, Sch. Pt. I; S.I. 2006/1172, art. 2(a)-(d) (with art. 3); S.I. 2006/1279, art. 2(a)-(d) (with art. 3)

Modifications etc. (not altering text)

3

1

The Secretary of State may, subject to the provisions of this Part of this Schedule, by regulations make such provision as to the procedure on the making, submission and confirmation of orders to which this Schedule applies as appears to him to be expedient.

2

Provision may be made by regulations of the Secretary of State for enabling proceedings preliminary to the confirmation of a public path extinguishment order F1, a rail crossing extinguishment order or a special extinguishment order to be taken concurrently with proceedings preliminary to the confirmation of a public path creation order F2, a public path diversion order F3, a rail crossing diversion order, a special diversion order or an SSSI diversion order.

C1C23

In this Part of this Schedule—

a

“local authority” means—

F4F5i

a billing authority or a precepting authority, as defined in section 69 of the Local Government Finance Act 1992;

F6ia

a fire and rescue authority in Wales constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies;

ii

a levying body within the meaning of section 74 of F7the Local Government Finance Act 1988; and

iii

a body as regards which section 75 of that Act applies

and includes any drainage authority and any joint board or joint committee if all the constituent authorities are such local authorities as aforesaid;

b

“prescribed” means prescribed by regulations made by the Secretary of State;

and for the purposes of this Schedule the Civil Aviation Authority F8, a person who holds a licence under Chapter I of Part I of the Transport Act 2000 (to the extent that the person is carrying out activities authorised by the licence) and F9a universal service provider in connection with the provision of a universal postal service are to be deemed to be statutory undertakers and their undertakings statutory undertakings.

F103ZA

For the purposes of sub-paragraph (3) above the undertaking of a person who holds a licence under Chapter I of Part I of the Transport Act 2000 shall not be considered to be a statutory undertaking except to the extent that it is the person’s undertaking as licence holder.

F113A

For the purposes of sub-paragraph (3) above the undertaking of a universal service provider shall be taken to be his undertaking so far as it relates to the provision of a universal postal service.