HOUSING ACT (EXTINGUISHMENT OF PUBLIC RIGHT OF WAY) REGULATIONS, 1937, Dated January 29, 1937, Made by the MINISTER OF HEALTH UNDER SECTION 176 (1) OF THE HOUSING ACT, 1936 (26 GEO. 5 & 1 EDW. 8. C. 51).
| Jurisdiction | UK Non-devolved |
1937 No. 79
HOUSING, ENGLAND
(5) Public Right of Way (Extinguishment)
THE HOUSING ACT (EXTINGUISHMENT OF PUBLIC RIGHT OF WAY) REGULATIONS, 1937, DATED JANUARY 29, 1937, MADE BY THE MINISTER OF HEALTH UNDER SECTION 176 (1) OF THE HOUSING ACT, 1936 (26 GEO. 5 & 1 EDW. 8. C. 51).88532.
The Minister of Health in exercise of the powers conferred on him by section 176 (1) of the Housing Act, 1936, and all other powers enabling him in that behalf, hereby makes the following Regulations:—
1. These Regulations may be cited as the Housing Act (Extinguishment of Public Right of Way) Regulations, 1937, and shall come into operation forthwith.
2. The Interpretation Act, 1889, applies to the interpretation of these Regulations as it applies to the interpretation of an Act of Parliament.
3. The Housing Acts (Extinguishment of Public Right of Way) Regulations, 1936,(a) are hereby revoked but without prejudice to anything done thereunder or to the continuance under those Regulations of any action taken or commenced before the commencement of the Housing Act, 1936.
4. An order made by a local authority under Section 46 of the Housing Act, 1936, for the extinguishment of any public right of way over any land which—
(1) they have purchased or resolved to purchase under Part III of the Housing Act, 1936; or
(2) is land belonging to the local authority which they have included in a clearance area or which might have been purchased by the authority as being land surrounded by or adjoining a clearance area had it not previously been acquired by them; or
(3) is land belonging to the local authority and is comprised in a re-development plan in respect of which the approval of the Minister of Health has become operative,
shall be in the form set out in the schedule hereto or in a form substantially to the like effect.
5. Not less than six weeks before submitting the order for the approval of the Minister of Health the local authority shall—
(a) publish in one or more local newspapers circulating within their district a notice in the form set out in the schedule hereto describing the public right of way to which the order relates and naming a place at which a copy of the order and of the map referred to therein may be seen at all reasonable hours; and
(b) affix a copy of the same notice in a prominent position at each end of the public right of way to which the order relates.
(a) S.R. & O. 1936 (No. 740) I, p. 1088.
6. Every notice...
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