[121E Determination of appeals]
Highways Act 1980 (1980 c 66) | Legislation

[121E  Determination of appeals]

[(1)     Where an appeal to the Secretary of State is brought under section 121D(1)(a) above, [in relation to an application made under section 118C or 119C above or an application made under section 118ZA or 119ZA above to a council in Wales,] the Secretary of State shall—

(a)     prepare a draft of a public path extinguishment order, special extinguishment order, public path diversion order or special diversion order under section 120(3) above giving effect to the application and containing such other provisions as, after consultation with such persons as he thinks fit, the Secretary of State may determine,

(b)     give notice of the draft order in accordance with paragraph 1(2) of Schedule 6 to this Act, and

(c)     subject to subsection (6) below and to paragraph 2 of that Schedule, determine whether to make the order (with or without modifications) under section 120(3) above.

[(1A)     Where an appeal to the Secretary of State is brought under section 121D(1)(a) above, in relation to an application made under section 118ZA or 119ZA above to a council in England, the Secretary of State shall either—

(a)     determine not to make an order on the application, or

(b)     take the

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