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The Highways (Schools) (Special Extinguishment and Special Diversion Orders) (Wales) Regulations 2005

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This is the original version (as it was originally made). Wales Statutory Instruments are not carried in their revised form on this site.

  2. Introductory Text

    3. 1.Title, commencement and application

  3. 2.Interpretation

  4. 3.Forms of order

  5. 4.Notices

  6. 5.Procedure for orders

  7. 6.Claims for compensation as respects orders

  8. Signature

    1. SCHEDULE 1

      1. FORM HIGHWAYS ACT 1980, SECTION 118B

        1. SPECIAL EXTINGUISHMENT ORDER FOR CERTAIN HIGHWAYS WHICH CROSS LAND OCCUPIED FOR THE PURPOSES OF A SCHOOL

          1. [NAME OF AUTHORITY]

          2. [TITLE OF ORDER]

          3. This Order is made by [insert the name of the...

          4. The police authority [insert the name of the police authority]...

          5. The [insert name(s)] Authorit[y][ies] [has] [have] been consulted as required...

          6. The [insert name(s)] Authorit[y][ies] [has] [have] consented to the making...

          7. [The [insert name] National Park Authority has been consulted as...

          8. [The [insert name] National Park Authority has consented to the...

          9. [The Countryside Council for Wales has been consulted as required...

          10. BY THIS ORDER:

          11. 1.The public right of way over the land situated at...

          12. 2.[The following provision(s) apply for the protection of [insert name...

          13. 1.“Relevant highway” is defined in section 118B(2) of the 1980...

          14. 2.See section 121(5) of the 1980 Act. Complete the blank...

    2. SCHEDULE 2

      1. FORM HIGHWAYS ACT 1980, SECTION 119B

        1. SPECIAL DIVERSION ORDER FOR CERTAIN HIGHWAYS WHICH CROSS LAND OCCUPIED FOR THE PURPOSES OF A SCHOOL

          1. [NAME OF AUTHORITY]

          2. [TITLE OF ORDER]

          3. This Order is made by [insert the name of the...

          4. The police authority [insert the name of the police authority]...

          5. The [insert name(s)] Authorit[y][ies] [has] [have] been consulted as required...

          6. The [insert name(s)] Authorit[y][ies] [has] [have] consented to the making...

          7. [The [insert name] National Park Authority has been consulted as...

          8. [The [insert name] National Park Authority has consented to the...

          9. [The Countryside Council for Wales has been consulted as required...

          10. BY THIS ORDER:

          11. 1.The public right of way over the land situated at...

          12. 2.The following provision(s) apply for the protection of [insert the...

          13. 3.There will, at the end of [insert number] days from...

          14. [4.The rights conferred on the public under this Order are...

    3. SCHEDULE

      1. PART 1 DESCRIPTION OF SITE OF EXISTING HIGHWAY

        1. [Describe position, length and width of the highway in sections,...

      2. PART 2 DESCRIPTION OF SITE OF NEW PUBLIC RIGHT OF WAY

        1. [Describe position, length and width of the new way in...

      3. PART 3 LIMITATIONS AND CONDITIONS

        1. [Specify any limitations and conditions which are to apply —...

        2. Footnotes

        3. 1.“Relevant highway” is defined in section 119B(2) of the 1980...

        4. 2.See section 119B(4)(b) and (8)(b) of the 1980 Act.

        5. 3.See section 121(5) of the 1980 Act.

        6. 4.The new public right of way being created will be—...

        7. 5.The power to specify limitations and conditions is conferred by...

    4. SCHEDULE 3

      1. FORM 1 HIGHWAYS ACT 1980, SECTION [118B] [119B] AND SCHEDULE 6

        1. NOTICE OF MAKING OF SPECIAL [EXTINGUISHMENT] [DIVERSION] ORDER

          1. IMPORTANT — THIS COMMUNICATION AFFECTS YOUR PROPERTY [SEE FOOTNOTE 1]

            1. [NAME OF AUTHORITY]

            2. [TITLE OF ORDER]

            3. [To [insert the name of the person to whom this...

            4. The above Order was made on [insert date] under section...

            5. The Order will [extinguish] [divert] the public right of way...

            6. A copy of the Order, and the map contained in...

            7. Copies of the Order and map may be purchased there...

            8. [Compensation for depreciation of the value of an interest in,...

            9. Any representations about, or objections to, the Order may be...

            10. If no such representations or objections are duly made, or...

            11. [insert date]

            12. Signed [insert signature]

            13. [position held with the Authority]

            14. [name of the Authority]

            15. Footnotes

            16. 1.Insert only in notices to be served on a person...

            17. 2.The Authority must make the Order and map available for...

            18. 3.This date must not be less than 28 days from...

      2. FORM 2 HIGHWAYS ACT 1980, SECTION [118B] [119B] AND SCHEDULE 6

        1. NOTICE OF CONFIRMATION OF SPECIAL [EXTINGUISHMENT] [DIVERSION] ORDER

          1. IMPORTANT — THIS COMMUNICATION AFFECTS YOUR PROPERTY

            1. [NAME OF AUTHORITY]

            2. [TITLE OF ORDER]

            3. [To [insert the name of the person to whom this...

            4. [On [insert date], the National Assembly for Wales confirmed [with]...

            5. [On [insert date], the [insert the name of the Authority]...

            6. The effect of the Order as confirmed is to [extinguish]...

            7. A copy of the Order as confirmed, and the map...

            8. Copies of the Order and map may be purchased there...

            9. [Any person who wishes to claim compensation under section 28...

            10. Copies of these sections and of section 120(3) of that...

            11. The public right of way extinguished by the Order is...

            12. The public right of way created by the Order comes...

            13. If any person aggrieved by the Order desires to question...

            14. [insert date]

            15. Signed [insert signature]

            16. [position held with the Authority]

            17. [name of the Authority]

            18. Footnotes

            19. 1.Insert only in notices to be served on a person...

            20. 2.The Authority must make the confirmed Order and map available...

      3. FORM 3 HIGHWAYS ACT 1980, SECTION 120(3) AND SCHEDULE 6

        1. NOTICE OF MAKING OF SPECIAL [EXTINGUISHMENT] [DIVERSION] ORDER BY THE NATIONAL ASSEMBLY FOR WALES

          1. IMPORTANT — THIS COMMUNICATION AFFECTS YOUR PROPERTY

            1. [TITLE OF ORDER]

            2. [To [insert the name of the person to whom this...

            3. On [insert date], the National Assembly for Wales made the...

            4. The effect of the Order is to [extinguish] [divert] the...

            5. A copy of the Order as confirmed, and the map...

            6. Copies of the Order and map may be purchased there...

            7. [Any person who wishes to claim compensation under section 28...

            8. Copies of these sections and of section 120(3) of that...

            9. The public right of way extinguished by the Order is...

            10. The public right of way created by the Order comes...

            11. If any person aggrieved by the Order desires to question...

            12. [insert date]

            13. Signed [insert signature]

            14. Authorised to sign on behalf of the National Assembly for...

            15. Footnotes

            16. 1.Insert only in notices to be served on a person...

            17. 2.The Authority must make the confirmed Order and map available...

    5. SCHEDULE 4

      ADDITIONAL PERSONS TO BE SERVED WITH NOTICE OF ORDERS

      1. ACU Motorcycling GB

      2. The authority discharging the functions of fire authority under the...

      3. British Horse Society

      4. Byways and Bridleways Trust

      5. Cyclists Touring Club

      6. Open Spaces Society

      7. Ramblers' Association

      8. Town and community councils for the area in which the...

  10. Explanatory Note

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