The Highways, Crime Prevention etc.(Special Extinguishment and Special Diversion Orders) Regulations 2003

Statutory Instruments

2003 No. 1479

HIGHWAYS, ENGLAND

The Highways, Crime Prevention etc.(Special Extinguishment and Special Diversion Orders) Regulations 2003

Made

5th June 2003

Laid before Parliament

5th June 2003

Coming into force

26th June 2003

The Secretary of State, in exercise of the powers conferred upon her by sections 28(2) (as applied by section 121(2)), 118B(9) and (10) and 119B(9),(12) and (13) of, and paragraphs 1(1) and (3)(b)(iv), 3(1),(2) and (3)(b), 4(1) and 6 of Schedule 6 to, the Highways Act 1980(1), and of all other powers enabling her in that behalf, hereby makes the following Regulations:

Citation, commencement and extent E+W

1.—(1) These Regulations may be cited as the Highways, Crime Prevention etc.(Special Extinguishment and Special Diversion Orders) Regulations 2003 and shall come into force on 26th June 2003.

(2) These Regulations apply in relation to England only(2).

Interpretation E+W

2.  In these Regulations, unless the context otherwise requires—

“the Act” means the Highways Act 1980;

“order” means a special extinguishment order(3) or a special diversion order(4) or an order varying or revoking such an order.

Forms of order E+W

3.—(1) A special extinguishment order as respects a relevant highway in an area designated by the Secretary of State pursuant to section 118B(1)(a) of the Act shall be in the form set out in Form 1 in Schedule 1 or in a form substantially to the same effect.

(2) A special extinguishment order as respects a relevant highway which crosses land occupied for the purposes of a school in the circumstances specified in section 118B(1)(b) of the Act shall be in the form set out in Form 2 in Schedule 1 or in a form substantially to the same effect.

(3) A special diversion order as respects a relevant highway in an area designated by the Secretary of State pursuant to section 118B(1)(a) of the Act shall be in the form set out in Form 3 in Schedule 1 or in a form substantially to the same effect.

(4) A special diversion order as respects a relevant highway which crosses land occupied for the purposes of a school in the circumstances specified in section 119B(1)(b) of the Act shall be in the form set out in Form 4 in Schedule 1 or in a form substantially to the same effect.

(5) The map required to be contained in an order shall be on a scale of not less than 1/2,500, or, if no such map is available, on the largest scale readily available and, in the case of a special extinguishment order, shall show any reasonably convenient alternative route.

Notices E+W

4.—(1) A notice required to be given under paragraph 1(1) of Schedule 6 to the Act in respect of the making of a special extinguishment order or a special diversion order shall be in the form set out in Form 1 in Schedule 2 or in a form substantially to the same effect.

(2) A notice required to be given under paragraph 4(1) of Schedule 6 to the Act in respect of the confirmation of a special extinguishment order or a special diversion order shall be in the form set out in Form 2 in Schedule 2 or in a form substantially to the same effect.

(3) A notice required to be given under paragraph 4(1) of Schedule 6 to the Act in respect of the making of a special extinguishment order or a special diversion order by the Secretary of State shall be in the form set out in Form 3 in Schedule 2 or in a form substantially to the same effect.

(4) A notice required to be served under paragraphs 1(3)(b)(iv)(5) or 4(1)(a)(6) of Schedule 6 to the Act shall, in relation to the areas specified in column 1 of Schedule 3 to these Regulations, be served on the persons prescribed in column 2 of that Schedule.

Procedure for orders E+W

5.—(1) An order shall be made in duplicate.

(2) Where an order is submitted to the Secretary of State for confirmation, the order and duplicate shall be sent to her accompanied by—

(a) two copies of the order;

(b) a copy of the notice given before submission as required by paragraph 1(1) of Schedule 6 to the Act;

(c) any representations or objections duly made with respect to the order and not withdrawn, together with any observations on them by the council; and

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

(3) Any proceedings preliminary to the confirmation of a special extinguishment order may be taken concurrently with any proceedings preliminary to the confirmation of a public path creation order(7), a public path diversion order(8), a rail crossing diversion order(9), or a special diversion order.

(4) After a decision not to confirm an order, the council 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.

(5) After an order has been confirmed by the Secretary of State, the council 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.

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

Claims for compensation as respects orders E+W

6.—(1) A claim made in accordance with section 28 of the Act (compensation for loss caused by public path creation order), as applied by section 121(2) of the Act(10), in consequence of the coming into operation of an order shall be made in writing and shall be served on the council, 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 to the offices of the council or the authority (as the case may be), addressed to its Chief Executive, or by sending it by prepaid post so addressed.

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

Alun Michael

Minister of State,

Department for Environment, Food and Rural Affairs

Regulation 3(1) to (4)

SCHEDULE 1 E+W

FORM 1 E+W HIGHWAYS ACT 1980, SECTION 118BSPECIAL EXTINGUISHMENT ORDER FOR CERTAIN HIGHWAYS IN AN AREA DESIGNATED FOR THE PURPOSES OF CRIME PREVENTION

FORM 2 E+W HIGHWAYS ACT 1980, SECTION 118BSPECIAL EXTINGUISHMENT ORDER FOR CERTAIN HIGHWAYS WHICH CROSS LAND OCCUPIED FOR THE PURPOSES OF A SCHOOL

FORM 3 E+W HIGHWAYS ACT 1980, SECTION 119BSPECIAL DIVERSION ORDER FOR CERTAIN HIGHWAYS IN AN AREA DESIGNATED FOR THE PURPOSES OF CRIME PREVENTION

FORM 4 E+W HIGHWAYS ACT 1980, SECTION 119BSPECIAL DIVERSION ORDER FOR CERTAIN HIGHWAYS WHICH CROSS LAND OCCUPIED FOR THE PURPOSES OF A SCHOOL

Regulation 4(1) to (3)

SCHEDULE 2 E+W

FORM 1 E+W HIGHWAYS ACT 1980, SECTION [118B] [119B] AND SCHEDULE 6NOTICE OF MAKING OF SPECIAL [EXTINGUISHMENT] [DIVERSION] ORDER

FORM 2 E+W HIGHWAYS ACT 1980, SECTION [118B] [119B] AND SCHEDULE 6NOTICE OF CONFIRMATION OF SPECIAL [EXTINGUISHMENT] [DIVERSION] ORDER

FORM 3 E+W HIGHWAYS ACT 1980, SECTION 120(3) AND SCHEDULE 6NOTICE OF MAKING OF SPECIAL [EXTINGUISHMENT] [DIVERSION] ORDER BY THE SECRETARY OF STATE

Regulation 4(4)

SCHEDULE 3 E+W ADDITIONAL PERSONS TO BE SERVED WITH NOTICE OF ORDERS

1. Area	2. Name of Persons
England	Auto-Cycle Union British Horse Society Byways and Bridleways Trust Open Spaces Society Ramblers Association Cyclists Touring Club [F1 The fire and rescue authority under the Fire and Rescue Services Act 2004] for the area in which the land to which the order relates is situated
The counties of Cheshire, Derbyshire, Greater Manchester, Lancashire, Merseyside, South Yorkshire, Staffordshire and West Yorkshire	Peak and Northern Footpaths Society
Within the county of Bedfordshire: the borough of Luton and the districts of Mid Bedfordshire and South Bedfordshire. Within the county of Buckinghamshire: the districts of Chiltern, Wycombe, South Bucks and Aylesbury Vale. Within the county of Hertfordshire: the borough of Dacorum and the districts of Three Rivers and North Hertfordshire. Within the county of Oxfordshire: the district of South Oxfordshire.	Chiltern Society

Textual Amendments

F1 Words in Sch. 3 substituted (30.12.2004) by The Fire and Rescue Services Act 2004 (Consequential Amendments) (England) Order 2004 (S.I. 2004/3168), arts. 1(1), 69

Explanatory Note

(This note is not part of the Regulations)

This note is not part of the RegulationsSections 118B and 119B of the Highways Act 1980, inserted by Schedule 6 to the Countryside and Rights of Way Act 2000, make provision enabling orders to be made for stopping up (a “special extinguishment order”) and diversion (a “special diversion order”) of certain highways for the purposes of crime prevention or the protection of pupils or staff of schools.

These Regulations, which come into force on 26th June 2003, prescribe the forms and notices, and make provision as to the procedure, for these orders as follows—

regulation 3 and Schedule 1 prescribe the forms for a special extinguishment order and a special diversion order;

regulation 4(1) to (3) and Schedule 2 prescribe the form of notices of making and proposed submission for confirmation, and confirmation, of special extinguishment and special diversion orders, and regulation 4(4) and Schedule 3 prescribe certain additional persons on whom these notices are to be served;

regulation 5 makes procedural provision as to the making, submission and confirmation of these orders; and

regulation 6 prescribes requirements with regard to claims for compensation under section 28 of the Highways Act 1980 for depreciation or disturbance in consequence of these orders and also provides that any such claim shall be served within 6 months of the order concerned coming into force.

(1)

1980 c. 66; sections 118B and 119B were inserted by paragraphs 8 and 12 of Schedule 6 to the Countryside and Rights of Way Act 2000 (c. 37); and relevant amendments to Schedule 6 to the Highways Act 1980 were made by paragraph 23 of Schedule 6 to the Countryside and Rights of Way Act 2000.

(2)

The functions of the Secretary of State in relation to the powers in the Highways Act 1980 set out in the preamble to these Regulations are, so far as exercisable in relation to Wales, transferred to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672), article 2 and Schedule 1 as extended by section 99 of the Countryside and Rights of Way Act 2000.

(3)

See section 118B(5) of the Act.

(4)

See section 119B(5) of the Act.

(5)

Paragraph 1 (3) (b) was substituted by the Wildlife and Countryside Act 1981 (c. 69), Schedule 16, paragraph 6.

(6)

Paragraph 4 (1) (a) was substituted by the Wildlife and Countryside Act 1981, Schedule 16, paragraph 8.

(7)

See section 26(1) of the Act.

(8)

See section 119(1) of the Act.

(9)

See section 119A(3) of the Act.

(10)

Section 121(2) of the Act was amended by the Transport and Works Act 1992 (c. 42), Schedule 2, paragraph 6, and by the Countryside and Rights of Way Act 2000 (c. 37), Schedule 6, paragraph 14.