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

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Explanatory Note

(This note is not part of the Regulations)

Sections 118B and 119B of the Highways Act 1980 (“the 1980 Act”) were inserted by paragraphs 8 and 12 of Schedule 6 to the Countryside and Rights of Way Act 2000 respectively. They enable orders to be made to stop up (by a “special extinguishment order”) and divert (by a “special diversion order”) certain highways for the purposes of crime prevention or for the protection of pupils or staff of schools.

These Regulations, which come into force on 15 July 2005, prescribe the forms and notices, and make provision as to the procedure, for special extinguishment orders and special diversion orders which relate to highways crossing land occupied for the purposes of a school and which are required to protect pupils or staff. The application of these types of orders for the purposes of crime prevention will be implemented at a later date.

Regulation 3 and Schedules 1 and 2 prescribe the form of a special extinguishment order and a special diversion order respectively.

Regulation 4(1) to (3) and Schedule 3 prescribe the form of notices to be—

(a)given once an order has been made by the relevant highway authority;

(b)served once an order has been confirmed; and

(c)served once an order has been made by the National Assembly for Wales.

Regulation 4(4) and Schedule 4 prescribe additional persons on whom the notices specified in that regulation are to be served.

Regulation 5 sets out the procedures to be followed in the submission for confirmation, and confirmation, of the orders.

Regulation 6 prescribes the requirements with regard to the service of claims for compensation under section 28 of the 1980 Act for depreciation or disturbance in consequence of an order and requires any such claim to be served so as to be received within 6 months of the order coming into force.

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