The Wildlife and Countryside (Definitive Maps and Statements) Regulations 1993

Statutory Instruments

1993 No. 12

RIGHTS OF WAY

The Wildlife and Countryside (Definitive Maps and Statements) 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 section 57(1) and (2) of, and paragraphs 1, 2 and 5 of Schedule 14 and paragraphs 3, 11 and 13 of Schedule 15 to, the Wildlife and Countryside Act 1981(1), 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 Wildlife and Countryside (Definitive Maps and Statements) Regulations 1993 and shall come into force on 31st January 1993.

(2) In these Regulations—

“the Act” means the Wildlife and Countryside Act 1981;

“modification order” means an order made under section 53(2)(a) or (b) or section 55(4) or section 55(5) of the Act;

“reclassification order” means an order made under section 54(1)(b) of the Act;

“surveying authority”(2), in relation to any area, means the county council, metropolitan district council or London borough council whose area includes that area.

Scale of definitive maps

2.  A definitive map shall be on a scale of not less than 1/25,000 but where the surveying authority wishes to show on a larger scale any particulars required to be shown on the map, in addition, an inset map may be used for that purpose.

Notation to be used on definitive maps

3.  Rights of way to which Part III of the Act (public rights of way) applies shall be shown on a definitive map as indicated in Schedule 1 to these Regulations.

Modification Orders

4.  A modification order shall be in the form set out in Schedule 2 to these Regulations or in a form substantially to the like effect, with such insertions or omissions as are necessary in any particular case.

Reclassification Orders

5.  A reclassification order shall be in the form set out in Schedule 3 to these Regulations or in a form substantially to the like effect, with such insertions or omissions as are necessary in any particular case.

Provisions supplementary to regulations 4 and 5

6.  Regulations 2 and 3 above shall apply to the map contained in a modification or reclassification order as they apply to a definitive map.

Making, submission and confirmation of modification and reclassification orders

7.—(1) The provisions of Schedule 4 to these Regulations shall apply to the making, submission and confirmation of modification or reclassification orders.

(2) Any notice required under paragraph 3 of Schedule 15 to the Act (procedure in connection with certain orders under Part III) shall be in the form set out in Schedule 5 to these Regulations or in a form substantially to the like effect, with such insertions or omissions as are necessary in any particular case.

(3) The persons on whom notice is required to be served under Schedule 15 to the Act shall in relation to the areas specified in column 1 of Schedule 6 to these Regulations include the persons specified in column (2) of that Schedule.

Applications for a modification order

8.—(1) An application for a modification order shall be in the form set out in Schedule 7 to these Regulations or in a form substantially to the like effect, with such insertions or omissions as are necessary in any particular case.

(2) Regulation 2 above shall apply to the map which accompanies such an application as it applies to the map contained in a modification or reclassification order.

(3) A notice required by paragraph 2 of Schedule 14 to the Act (applications for certain orders under Part III) shall be in the form set out in Schedule 8 to these Regulations or in a form substantially to the like effect, with such insertions or omissions as are necessary in any particular case.

(4) A certificate required by paragraph 2 of Schedule 14 to the Act shall be in the form set out in Schedule 9 to these Regulations or in a form substantially to the like effect, with such insertions or omissions as are necessary in any particular case.

Revocation

9.  The Wildlife and Countryside (Definitive Maps and Statements) Regulations 1983(3) are hereby revoked.

Michael Howard

Secretary of State for the Environment

7th January 1993

David Hunt

Secretary of State for Wales

7th January 1993

SCHEDULE 1 NOTATION TO BE USED ON DEFINITIVE MAPS

Regulation 4

SCHEDULE 2

FORM OF MODIFICATION ORDER

Wildlife and Countryside Act 1981

Regulation 5

SCHEDULE 3

FORM OF RECLASSIFICATION ORDER

Wildlife and Countryside Act 1981

Regulation 7(1)

SCHEDULE 4 ADDITIONAL PROVISIONS IN RELATION TO THE MAKING, SUBMISSION AND CONFIRMATION OF MODIFICATION OR RECLASSIFICATION ORDERS

1.  A modification or reclassification order shall be made in duplicate with the seal of the surveying authority (“the authority”) and the date of making inserted after the order before its Schedule.

2.  Where any notice to be served on an owner or occupier in accordance with paragraph 3(2)(b)(i) of Schedule 15 to the Act is sent under cover otherwise than in a prepaid registered letter or by the recorded delivery service, the cover shall have clearly on it in writing the words: “IMPORTANT-THIS COMMUNICATION AFFECTS YOUR PROPERTY”.

3.  Where a modification or reclassification order is submitted to the Secretary of State for confirmation, it shall be accompanied by—

(a) two copies of the order;

(b) a copy of the notice required by paragraph 3 of Schedule 15 to the Act and a certificate by the authority that the requirements of that paragraph have been complied with;

(c) a copy of that section of the definitive map and statement which the order when confirmed will modify;

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

(e) any representations or objections which have been duly made with respect to the order and not withdrawn, together with the observations of the authority on them; and

(f) a certificate by the authority that every local authority whose area includes the land to which the order relates has been consulted.

4.  After a modification or reclassification order has been confirmed by the Secretary of State the authority shall as soon as the requirements of paragraph 11 of Schedule 15 to the Act have been complied with so certify in writing to the Secretary of State.

5.  After a modification or reclassification order has been confirmed the authority who made the order shall send a copy of it as confirmed to the Ordnance Survey.

Regulation 7(2)

SCHEDULE 5

FORM OF NOTICE OF MODIFICATION OR RECLASSIFICATION ORDER NOTICE OF [MODIFICATION] [RECLASSIFICATION] ORDER

Section [53] [54] of the Wildlife and Countryside Act 1981

Regulation 7(3)

SCHEDULE 6 ADDITIONAL PERSONS TO BE SERVED WITH NOTICE OF MODIFICTION OR RECLASSIFICATION ORDERS

(1)	(2)
Area	Name
England and Wales	Auto-Cycle Union British Horse Society Byways and Bridleways Trust, Open Spaces Society Ramblers Association British Driving Society Cyclists Touring Club
The counties of Cheshire, Derbyshire, Greater Manchester, Lancashire, Merseyside, South Yorkshire, Staffordshire and West Yorkshire	Peak and Northern Footpaths Society
Within the country 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, Totterhoe 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;	Chiltern Society
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 Ippolitts, Kings Walden, Langley, Lilley, Offley, Pirton, Preston and St Pauls Walden;	Chiltern Society
Within the county of Oxfordshire, the district of South Oxfordshire;	Chiltern Society
Wales	Welsh Trail Riders' Association

Regulation 8(1)

SCHEDULE 7

FORM OF APPLICATION FOR MODIFICATION ORDER

Wildlife and Countryside Act 1981

Regjulation 8(3)

SCHEDULE 8

FORM OF NOTICE OF APPLICATION FOR MODIFICATION ORDER

Section 54(5) of, and Schedule 14 to, the Wildlife and Countryside Act 1981

Regulation 8(4)

SCHEDULE 9

FORM OF CERTIFICATE OF SERVICE OF NOTICE OF APPLICATION FOR MODIFICATION ORDER

Wildlife and Countryside Act 1981

Explanatory Note

(This note is not part of the Regulations)

These Regulations re-enact the Wildlife and Countryside (Definitive Maps and Statements) Regulations 1983 (“the 1983 Regulations”) with minor and drafting amendments.

Regulation 2 prescribes the scale of definitive maps; regulation 3 and Schedule 1 make provision as to the notation to be used on them.

Regulations 4 and 5 prescribe the form of modification orders and reclassification orders (set out in Schedules 2 and 3 respectively) and regulation 6 contains supplementary provisions.

Regulation 7 and Schedules 4, 5 and 6 make additional provisions in relation to the making, submission and confirmation of modification and reclassification orders (Schedule 4), set out the prescribed form of notice of these orders (Schedule 5) and prescribe, in relation to certain areas, certain persons who are also to be served with notice (Schedule 6).

Regulation 8 and Schedules 7, 8 and 9 prescribe the form of application (Schedule 7), of notice of the order (Schedule 8) and of the requisite certificate (Schedule 9).

Regulation 9 revokes the 1983 Regulations.

(1)

1981 c. 69. See the definition of “prescribed” in paragraph 5 of Schedule 14 and paragraph 13 of Schedule 15.

(2)

See section 66(1) of the Wildlife and Countryside Act 1981 which was amended by section 7 of, and paragraph 7(6) of Schedule 3 to, the Local Government Act 1985 (c. 51).

(3)

S.I. 1983/21.