SCHEDULES

SCHEDULE 5E+W Definitive maps and statements and restricted byways

Part IE+W Amendments of Part III of Wildlife and Countryside Act 1981

2E+WAfter section 53 of that Act there is inserted—

“53A Power to include modifications in other orders.

(1)This section applies to any order—

(a)which is of a description prescribed by regulations made by the Secretary of State,

(b)whose coming into operation would, as regards any definitive map and statement, be an event within section 53(3)(a),

(c)which is made by the surveying authority, and

(d)which does not affect land outside the authority’s area.

(2)The authority may include in the order such provision as it would be required to make under section 53(2)(b) in consequence of the coming into operation of the other provisions of the order.

(3)An authority which has included any provision in an order by virtue of subsection (2)—

(a)may at any time before the order comes into operation, and

(b)shall, if the order becomes subject to special parliamentary procedure,

withdraw the order and substitute for it an order otherwise identical but omitting any provision so included.

(4)Anything done for the purposes of any enactment in relation to an order withdrawn under subsection (3) shall be treated for those purposes as done in relation to the substituted order.

(5)No requirement for the confirmation of an order applies to provisions included in the order by virtue of subsection (2), but any power to modify an order includes power to make consequential modifications to any provision so included.

(6)Provisions included in an order by virtue of subsection (2) shall take effect on the date specified under section 56(3A) as the relevant date.

(7)Where any enactment provides for questioning the validity of an order on any grounds, the validity of any provision included by virtue of subsection (2) may be questioned in the same way on the grounds—

(a)that it is not within the powers of this Part, or

(b)that any requirement of this Part or of regulations made under it has not been complied with.

(8)Subject to subsections (5) to (7), the Secretary of State may by regulations provide that any procedural requirement as to the making or coming into operation of an order to which this section applies shall not apply, or shall apply with modifications prescribed by the regulations, to so much of the order as contains provision included by virtue of subsection (2).

(9)Regulations under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

53B Register of applications under section 53.

(1)Every surveying authority shall keep, in such manner as may be prescribed, a register containing such information as may be prescribed with respect to applications under section 53(5).

(2)The register shall contain such information as may be prescribed with respect to the manner in which such applications have been dealt with.

(3)Regulations may make provision for the register to be kept in two or more parts, each part containing such information relating to applications under section 53(5) as may be prescribed.

(4)Regulations may make provision—

(a)for a specified part of the register to contain copies of applications and of the maps submitted with them, and

(b)for the entry relating to any application, and everything relating to it, to be removed from any part of the register when—

(i)the application (including any appeal to the Secretary of State) has been finally disposed of, and

(ii)if an order is made, a decision has been made to confirm or not to confirm the order,

(without prejudice to the inclusion of any different entry relating to it in another part of the register).

(5)Every register kept under this section shall be available for inspection free of charge at all reasonable hours.

(6)In this section—

• “prescribed” means prescribed by regulations;

• “regulations” means regulations made by the Secretary of State by statutory instrument;

and a statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.”