The Public Path Orders Regulations 1993

Statutory Instruments

1993 No. 11

HIGHWAYS, ENGLAND AND WALES

The Public Path Orders Regulations 1993

Made

7th January 1993

Laid before Parliament

8th January 1993

Coming into force

31st January 1993

The Secretary of State for the Environment, as respects England, and the Secretary of State for Wales, as respects Wales, in exercise of the powers conferred on them by sections 26, 28(2), 118(1) and 119 of, and paragraphs 1, 3(2) and 4(2) of Schedule 6 to, the Highways Act 1980(3) and section 32 of the Acquisition of Land Act 1981(4), and of all other powers enabling them in that behalf, hereby make the following Regulations:—

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Public Path Orders Regulations 1993 and shall come into force on 31st January.

(2) In these Regulations, unless the context otherwise requires,—

“the Act” means the Highways Act 1980;

“acquisition extinguishment order” means an order made under section 32 of the Acquisition of Land Act 1981 (power to extinguish certain public rights of way);

“authority” means the authority responsible for making the order;

“order” means a public path creation order, a public path diversion order, a public path extinguishment order or an acquisition extinguishment order, and includes an order revoking or varying any such order(5);

“public path creation order” means an order made under section 26 of the Act (compulsory powers for creation of footpaths and bridleways);

“public path diversion order” means an order made under section 119 of the Act (diversion of footpaths and bridleways);

“public path extinguishment order” means an order made under section 118 of the Act (stopping up of footpaths and bridleways);

“rail crossing diversion order” means an order made under section 119A of the Act (diversion of footpaths and bridleways crossing railways); and

“rail crossing extinguishment order” means an order made under section 118A of the Act (stopping up of footpaths and bridleways crossing railways).

Forms of order

2.—(1) An order shall be in the appropriate form set out in Schedule 1 to these Regulations, or in a form substantially to the like effect, as follows—

(a) the form of order for a public path creation order shall be Form 1;

(b) the form of order for a public path diversion order shall be Form 2;

(c) the form of order for a public path extinguishment order shall be Form 3;

(d) the form of order for an acquisition extinguishment order shall be Form 4.

(2) An order shall at the end be sealed and dated and if an acquisition extinguishment order shall contain a map(6).

(3) The map required to be contained in an order shall be on a scale of not less than 1:2500 or, if no such map is available, on the largest scale readily available.

Notices of order

3.—(1) Any notice required to be given under Schedule 6 to the Act (provisions as to making, confirmation, validity and date of operation of certain orders relating to footpaths and bridleways) by an authority shall be in the appropriate form set out in Schedule 2 to these Regulations, or in a form substantially to the like effect, as follows—

(a) the form of notice of making an order (other than an acquisition extinguishment order) shall be Form 1;

(b) the form of notice of making an acquisition extinguishment order shall be Form 2;

(c) the form of notice of confirmation of a public path order (other than an acquisition extinguishment order) shall be Form 3;

(d) the form of notice of confirmation of an acquisition extinguishment order shall be Form 4.

(2) The persons on whom notice is required to be served under paragraphs 1(3)(b) and 4(1)(a) of Schedule 6 to the Act shall in relation to the areas specified in column 1 of Schedule 3 to these Regulations include the persons specified in column 2 of that Schedule.

(3) Where any notice to be served on an owner, lessee or occupier in accordance with paragraph 1(3)(b) or 4(1)(a) of Schedule 6 to the Act is sent under cover otherwise than in a prepaid registered letter or by recorded delivery service, the cover shall have clearly on it in writing the words: “IMPORTANT-THIS COMMUNICATION AFFECTS YOUR PROPERTY”.

Procedure for orders

4.—(1) An order shall be made in duplicate and, where the order is submitted to the Secretary of State for confirmation, the order and duplicate shall be sent to him accompanied by:

(a) two copies of the order,

(b) a copy of the notice given before submission as required by Schedule 6 to the Act,

(c) a statement of the grounds on which the authority consider that the order should be confirmed,

(d) any representations or objections duly made with respect to the order and not withdrawn, together with any observations on them of the authority, and

(e) in any case in which the authority is required to obtain the consent of, or to consult with, any other authority or body before the order is made, a certificate by the authority that such consent has been obtained or such consultation has taken place together with a statement of the nature and effect of such consultation.

(2) Any proceedings preliminary to the confirmation of a public path extinguishment order or a rail crossing extinguishment order may be taken concurrently with any proceedings preliminary to the confirmation of a public path creation order, a public path diversion order or a rail crossing diversion order(7).

(3) After a decision not to confirm an order, the authority shall, as soon as the requirements of paragraph 4(3) of Schedule 6 to the Act have been complied with, so certify in writing to the Secretary of State.

(4) After an order has been confirmed by the Secretary of State, the authority shall, as soon as the requirements of paragraph 4(1) of Schedule 6 to the Act have been complied with, so certify in writing to the Secretary of State.

(5) After an order has been confirmed, the authority shall send a copy of it as confirmed to the Ordnance Survey.

Claims for compensation as respects orders

5.—(1) A claim made in accordance with section 28 of the Act (compensation for loss caused by public path creation order), or with that section as it applies by virtue of section 121 of the Act (supplementary provisions as to public path extinguishment and diversion orders), shall be made in writing and shall be served on the authority, or in the case of an order made by the Secretary of State, on the authority nominated by the Secretary of State as provided by section 28(3) of the Act, by delivering it at, or sending it by prepaid post to, the office of the authority, addressed to the Chief Executive.

(2) The time within which any such claim shall be made shall be six months from the coming into force of the order in respect of which the claim is made.

Revocation

6.  The Public Path Orders and Extinguishment of Public Right of Way Orders Regulations 1983(8) are hereby revoked.

Michael Howard

Secretary of State for the Environment

7th January 1993

David Hunt

Secretary of State for Wales

6th January 1993

Regulation 2(1)

SCHEDULE 1 FORMS OF ORDER

FORM 1 PUBLIC PATH CREATION ORDERHIGHWAYS ACT 1980

FORM 2 PUBLIC PATH DIVERSION ORDERHIGHWAYS ACT 1980

FORM 3 PUBLIC PATH EXTINGUISHMENT ORDERHIGHWAYS ACT 1980

FORM 4 FORM OF ACQUISITION EXTINGUISHMENT ORDERACQUISITION OF LAND ACT 1981HIGHWAYS ACT 1980

Regulation 3(1)

SCHEDULE 2 FORMS OF NOTICE OF ORDERS

FORM 1 NOTICE OF MAKING OF AN ORDER (OTHER THAN AN ACQUISITION EXTINGUISHMENT ORDER)

FORM 2 NOTICE OF MAKING OF AN ACQUISITION EXTINGUISHMENT ORDER

FORM 3 NOTICE OF CONFIRMATION OF AN ORDER (OTHER THAN AN ACQUISITION EXTINGUISHMENT ORDER)

FORM 4 NOTICE OF CONFIRMATION OF AN ACQUISITION EXTINGUISHMENT ORDER

Regulation 3(2)

SCHEDULE 3 PERSONS TO BE SERVED WITH NOTICE OF ORDERS

1 Area	2 Name of Persons
England and Wales	Auto-Cycle Union British Horse Society Byways and Bridleways Trust Open Spaces Society Ramblers Association Cyclists Touring Club
The counties of Cheshire, Derbyshire, Greater Manchester, Lancashire, Mersyside, South Yorkshire, Staffordshire and West Yorkshire	Peak and Northern Footpaths Society
Within the county of Bedfordshire: the borough of Luton, and within the district of Mid Bedfordshire the parishes of Harlington and Shillington, and within the district of South Bedfordshire the parishes of Barton le Clay, Caddington and Slip End, Dunstable, Eaton Bray, Houghton Regis, Hyde, Kensworth, Streatley, Studham, Sundon, Toddington, Totternhoe and Whipsnade	Chiltern Society
Within the county of Buckinghamshire: the districts of Chiltern, Wycombe and South Bucks; and within the district of Aylesbury Vale, the parishes of Aston Clinton, Buckland, Drayton Beauchamp, Edlesborough, Halton, Ivinghoe, Marsworth, Pitstone, Wendover and Weston Turville;
Within the county of Hertfordshire: the districts of Dacorum and Three Rivers; and within the district of North Hertfordshire, the parishes of Hexton, Hitchin, Ickleford, St. Ippollitts, Kings Walden, Langley, Lilley, Offley, Pirton, Preston and St Pauls Walden;
Within the county of Oxfordshire: the district of South Oxfordshire
Wales	Welsh Trail Riders' Association.

Explanatory Note

(This note is not part of the Regulations)

These Regulations re-enact the Public Path Orders and Extinguishment of Public Right of Way Orders Regulations 1983 (“the 1983 Regulations”) with minor and drafting amendments.

Regulation 2 and Schedule 1 prescribe new forms for public path creation orders, public path diversion orders and public path extinguishment orders made under sections 26, 119 and 118 respectively of the Highways Act 1980, and for orders made under section 32 of the Acquisition of Land Act 1981 extinguishing nonvehicular rights of way. The regulation requires an order under section 32 to contain a map, and prescribes the scale for all order maps.

Regulation 3 with Schedule 2 prescribe forms of notice of orders and with Schedule 3 prescribe organisations who are to be served with notice of making and confirmation of orders.

Regulation 4 contains requirements as to procedure for orders, and also provides for concurrent proceedings preliminary to confirmation to be taken in the case of specified orders.

Regulation 5 prescribes requirements with regard to claims for compensation for depreciation of land or loss caused by orders.

Regulation 6 revokes the 1983 Regulations.

(1)

Section 118 was amended by paragraph 45(7) of Schedule 2 to the Planning (Consequential Provisions) Act 1990 (c. 11), and by section 47 of, and paragraph 2 of Schedule 2 to, the Transport and Works Act 1992 (c. 42).

(2)

See the definition of “prescribed” in each paragraph.

(3)

1980 c. 66; paragraphs 1 and 3 of Schedule 6 were amended by section 47 of, and paragraph 10 of Schedule 2 to, the Transport and Works Act 1992, and section 119 and both paragraphs 1 and 4 of Schedule 6 were amended by paragraphs 5 and 6 respectively of Schedule 16 to the Wildlife and Countryside Act 1981 (c. 69).

(4)

1981 c. 67.

(5)

See section 326(5) of the Act.

(6)

See section 118(3) and section 119(7) of the Act which require a public path extinguishment order and a public path diversion order respectively to contain a map.

(7)

See paragraph 3(2) of Schedule 6 to the Act as amended by section 47 of, and paragraph 10(4) of Schedule 2 to, the Transport and Works Act 1992 (c. 42).

(8)

S.I. 1983/23.