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Change 1
As published
37 Provision of access by access authority in absence of agreement.
(1) Where, in respect of any access land—
(a) it appears to the access authority that—
(i) the opening-up, improvement or repair of any means of access to the land,
(ii) the construction of any new means of access to the land, or
(iii) the maintenance of any means of access to the land,
is necessary for giving the public reasonable access to that land, or to other access land, in pursuance of the right conferred by section 2(1), and
(b) the access authority are satisfied that they are unable to conclude on reasonable terms an agreement under section 35 with the owner or occupier of the land for the carrying out of the works,
the access authority may, subject to subsection (3), give the owner or occupier a notice stating that, after the end of a specified period of not less than twenty-one days, the authority intend to take all necessary steps for carrying out the works specified in the notice for the opening-up, improvement, repair, construction or maintenance of the means of access.
(2) A notice under subsection (1) must contain particulars of the right of appeal conferred by section 38.
(3) Where a notice under subsection (1) is given to any person as the owner or occupier of any land, the access authority shall give a copy of the notice to every other owner or occupier of the land.
(4) An access authority exercising the power conferred by subsection (1) in relation to the provision of a means of access shall have regard to the requirements of efficient management of the land in deciding where the means of access is to be provided.
(5) If, at the end of the period specified in a notice under subsection (1), any of the works specified in the notice have not been carried out, the access authority may take all necessary steps for carrying out those works.
Your change, as a redline
37 Provision of access by access authority in absence of agreement.
(1) Where, in respect of any access land—
(a) it appears to the access authority that—
(i) the opening-up, improvement or repair of any means of access to the land,
(ii) the construction of any new means of access to the land, or
(iii) the maintenance of any means of access to the land,
is necessary for giving the public reasonable access to that land, or to other access land, in pursuance of the right conferred by section 2(1), and
(b) the access authority are satisfied that they are unable to conclude on reasonable terms an agreement under section 35 with the owner or occupier of the land for the carrying out of the works,
the access authority may, subject to subsection (3), give the owner or occupier a notice stating that, after the end of a specified period of not less than twenty-one days, the authority intend to take all necessary steps for carrying out the works specified in the notice for the opening-up, improvement, repair, construction or maintenance of the means of access.
(2) A notice under subsection (1) must contain particulars of the right of appeal conferred by section 38.
(3) Where a notice under subsection (1) is given to any person as the owner or occupier of any land, the access authority shall give a copy of the notice to every other owner or occupier of the land.
(4) An access authority exercising the power conferred by subsection (1) in relation to the provision of a means of access shall have regard to the requirements of efficient management of the land in deciding where the means of access is to be provided.
(5) If, at the end of the period specified in a notice under subsection (1), any of the works specified in the notice have not been carried out, the access authority may take all necessary steps for carrying out those works.
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