Public path orders

1 When we receive an order

1.1 As soon as we.receive an order we make some checks. We check that an order made under the Highways Act 1980 is in a form which meets the Public Path Orders Regulations 1993 (Statutory Instrument 1993 Number 11). We check that an order made under the Town and Country Planning Act 1990 is in a form which meets the Town and Country Planning (Public Path Orders) Regulations 1993 (Statutory Instrument 1993 Number 10).

1.2 When we check the form of an order we have no power to make a definite ruling on whether it meets the Regulations. This kind of ruling can only be made by the courts. However, if we believe there is something wrong with the order, for example if it is not largely in the correct form, we will reject it. We will then return it to the authority which sent it in with a letter explaining the reason for the rejection and asking the authority to let everyone involved know.

1.3 We then check that the authority has sent in all the documents we need to support the order as listed in Welsh Office Circular 5/93. This includes a statement of the reasons why the authority considers we should confirm the order together with any objections and the authority's comments on these.

1.4 The authority's statement should not just repeat the criteria of the Section of the Act under which it has been made. It must also explain why the order meets those criteria.

1.5 For an order made under the Highways Act 1980, the authority may need to consult other organisations before the order is made and may need their permission. Under paragraph 4(1) of the Public Path Orders Regulations 1993, the authority must send us a certificate to show that they have consulted these organisations and got any permission they need. They must also send us a statement explaining how they consulted the organisations and what the results of these were.

1.6 If the authority does not send us any of the documents we need, we will ask for them. This causes a delay in processing the order.

1.7 If the form of the order is correct and we have received all the documents we need, we will write to the authority and those who have made objections. In our letter we will explain whether the Secretary of State plans to continue by written representations, a hearing or through a local public inquiry. (Please see parts 2, 3 or 4 of this booklet.)

1.8 At this stage, responsibility for the order passes from the authority to the Secretary of State. This means that, even if the authority no longer supports the order, the Secretary of State or our inspector would be able to take account of any other supporter's comments when deciding whether or not to confirm it. The authority cannot withdraw an order once it has gone to the Secretary of State.

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