Commentary on provisions of the Act Part 2: Interference with highways Stopping-up
Paragraph 2 authorises the nominated undertaker to stop up certain highways permanently. The highways which may be stopped-up for this purpose are listed in table 1 or 2 of Part 4. Under paragraph 2(2), subject to certain restrictions, highways specified in table 1 in Part 4 of the Schedule may be stopped up without providing a substitute. Under paragraph 2(3) highways specified in table 2 may be stopped up on provision of an alternative.
	Paragraph 3 contains provision for the nominated undertaker to stop up a bridleway or footpath within the Act limits which is not mentioned in table 1 or 2 (see Part 4 of the Schedule), for the purposes of carrying out the Phase One works.
	Paragraph 3(2) provides that this can only be done if the stopping up has been confirmed by the appropriate Ministers, namely the Secretary of State for Transport and the Secretary of State for the Environment, Food and Rural Affairs acting jointly.
	Paragraph 3(3) establishes the conditions under which the appropriate Ministers can confirm the proposed stopping up. So long as the three conditions listed are satisfied, the application must be granted. Paragraph 3(4) states that the appropriate Ministers must notify the nominated undertaker of the basis on which the application was granted.
	Paragraph 3(5) stipulates that if a substitute footpath or bridleway is to be provided by the nominated undertaker, the original cannot be stopped up until the substitute is available.
	Paragraph 3(6) provides that, before the stopping up is confirmed, the nominated undertaker must publish certain details in a local newspaper. This is to include particulars about how affected parties can make representations about the proposals. Under paragraph 3(8), these representations must be considered before the appropriate Ministers confirm an application.
	Paragraph 3(7) states that the nominated undertaker must provide copies of the newspaper notice to every local authority whose area is affected, and place it at each end of the bridleway or footpath.
	Paragraph 4 provides that where any highway is stopped up under paragraph 2 or 3, all rights of way over or along it are extinguished. In addition, it provides that the Secretary of State may appropriate and use the site of it without payment if the land on both sides is land owned by the Secretary of State, but by virtue of paragraph 4(4) this does not include mines or minerals unless extracted or used in constructing Phase One.
	Under paragraph 4(2) and (3) compensation is payable for losses arising from the extinguishment of a private right of way. Such compensation is determined in accordance with Part 1 of the Land Compensation Act 1961 if there is a dispute.
	Paragraph 4(5) applies Part 3 of Schedule 2 to the Acquisition of Land Act 1981, concerning the working of mines, to land beneath a highway stopped up under paragraph 2 or 3 which the Secretary of State is entitled to appropriate, with modifications.