Schedule 7: Ascertainment of rights of way Confirmation of orders
652.Paragraph 9 confirms that the authority may themselves confirm a modification consent order, with or without modifications and whether or not any representations or objections are made.
653.The provisions in paragraphs 6 to 8 and 10 to 16, which are concerned with submission of an order to the Secretary of State for confirmation, do not apply to a modification consent order.
654.Paragraph 10 replicates paragraph 6 of Schedule 15, which provides that if no representations or objections are outstanding, the authority may confirm the order without modification, or submit it to the Secretary of State for confirmation if the authority require modifications and that the Secretary of State may confirm the order with or without modifications.
655.Paragraphs 11, 12 and 13 replicate paragraph 7 of Schedule 15, which provides that opposed orders must be submitted to the Secretary of State for confirmation.
656.Paragraph 12 enables the Secretary of State to sever an order modifying the definitive map submitted to him where some but not all of the modifications in it have attracted representations or objections. The Secretary of State will determine that part of the order that attracted representations or objections; leaving the other part of the order for the authority to confirm as unopposed. This measure is intended to reduce the number of instances where the Secretary of State has to review the authorities’ decisions, which will reduce the administrative burden on both local authorities and the Secretary of State.
657.Paragraph 13 enables the Secretary of State, in deciding whether to confirm the order, to do so by receipt (through a person appointed) of written representations, as an alternative to holding an inquiry or hearing. This will provides a less costly option than an inquiry or hearing.