2005 No. 1809 (W.140)

HIGHWAYS, WALES

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

Made5 July 2005

Coming into force15 July 2005

The National Assembly for Wales (“the National Assembly”), in exercise of the powers conferred upon the Secretary of State by sections 28(2) (as applied by section 121(2)), 118B(9) and (10) and 119B(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 (“the Act”)1, all of which are now exercisable by the National Assembly2, and of all other powers enabling it in that behalf, hereby makes the following Regulations:

Title, commencement and application1.

(1)

The title of these Regulations is the Highways (Schools) (Special Extinguishment and Special Diversion Orders) (Wales) Regulations 2005 and they come into force on 15 July 2005.

(2)

These Regulations apply in relation to Wales.

Interpretation2.

In these Regulations, unless the context otherwise requires—

“Authority” means the relevant highway authority;

an “order” means—

(a)

a special extinguishment order3;

(b)

a special diversion order4; or

(c)

an order varying or revoking an order of a type specified in (a) or (b); and

reference to a form or notice prescribed by these Regulations includes reference to that form or notice in the English or Welsh language (or both) and to a form or notice substantially to the same effect to that prescribed.

Forms of order3.

(1)

Where it appears to an Authority that a relevant highway which crosses land occupied for the purposes of a school for a purpose specified in—

(a)

section 118B(1)(b) of the Act is required to be stopped up by a special extinguishment order, the order must be in the form set out in Schedule 1 to these Regulations;

(b)

section 119B(1)(b) of the Act is required to be diverted by a special diversion order, the order must be in the form set out in Schedule 2 to these Regulations.

(2)

The map required to be contained in an order must be on a scale of not less than 1/2,500 or, if no such map is available, on the largest scale readily available.

(3)

In the case of a special extinguishment order, the map referred to in paragraph (2) must show any reasonably convenient alternative route.

Notices4.

(1)

A notice required to be given under paragraph 1(1) of Schedule 6 to the Act in respect of the making of an order must be in the form set out in Form 1 in Schedule 3 to these Regulations.

(2)

A notice required to be served under paragraph 4(1) of Schedule 6 to the Act in respect of the confirmation of an order must be in the form set out in Form 2 in Schedule 3 to these Regulations.

(3)

A notice required to be served under paragraph 4(1) of Schedule 6 to the Act in respect of the making of an order by the National Assembly must be in the form set out in Form 3 in Schedule 3 to these Regulations.

(4)

A notice required to be served under paragraph 1(3)(b)(iv)5 or 4(1)(a)6 of Schedule 6 to the Act must, additionally, be served on the persons prescribed in Schedule 4 to these Regulations.

Procedure for orders5.

(1)

An order must be made in duplicate.

(2)

Where an order is submitted to the National Assembly for confirmation, the order and duplicate must be sent to the National Assembly, accompanied by—

(a)

two further copies of the order;

(b)

a copy of the notice given under paragraph 1(1) of Schedule 6 to the Act;

(c)

any representations or objections with respect to the order which were duly made and have not been withdrawn;

(d)

any observations the Authority has on those representations or objections; and

(e)

a statement of the grounds on which the Authority considers 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 order7, a public path diversion order8, a rail crossing diversion order9 or a special diversion order.

(4)

After a decision not to confirm an order, the Authority must, as soon as the requirements of paragraph 4(3) of Schedule 6 to the Act have been complied with, certify that fact in writing to the National Assembly.

(5)

After an order has been confirmed by the National Assembly, the Authority must, as soon as the requirements of paragraph 4(1) of Schedule 6 to the Act have been complied with, certify that fact in writing to the National Assembly.

(6)

After an order has been confirmed, the Authority must send a copy of the order, as confirmed, to the Ordnance Survey.

Claims for compensation as respects orders6.

(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 Act10, in consequence of the coming into operation of an order must be made in writing and must be served on the Authority or, in the case of an order made by the National Assembly, on the Authority nominated by the National Assembly as provided by section 28(3) of the Act, by delivering it to the offices of the Authority or the authority nominated by the National Assembly (as the case may be), addressed to its Chief Executive, or by sending it by prepaid post so addressed.

(2)

A claim made under paragraph (1) must be served so as to be received not later than six months after the date on which the order in respect of which the claim is made came into force.

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 199811.

D. Elis-Thomas

The Presiding Officer of the National Assembly

5 July 2005

SCHEDULE 1

Regulation 3(1)(a)

FORMHIGHWAYS ACT 1980, SECTION 118BSPECIAL EXTINGUISHMENT ORDER FOR CERTAIN HIGHWAYS WHICH CROSS LAND OCCUPIED FOR THE PURPOSES OF A SCHOOL

SCHEDULE 2

Regulation 3(1)(b)

FORMHIGHWAYS ACT 1980, SECTION 119BSPECIAL DIVERSION ORDER FOR CERTAIN HIGHWAYS WHICH CROSS LAND OCCUPIED FOR THE PURPOSES OF A SCHOOL

SCHEDULE 3

Regulation 4(1) to (3)

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

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

FORM 3HIGHWAYS ACT 1980, SECTION 120(3) AND SCHEDULE 6NOTICE OF MAKING OF SPECIAL [EXTINGUISHMENT] [DIVERSION] ORDER BY THE NATIONAL ASSEMBLY FOR WALES

SCHEDULE 4ADDITIONAL PERSONS TO BE SERVED WITH NOTICE OF ORDERS

Regulation 4(4)

ACU Motorcycling GB
The authority discharging the functions of fire authority under the Fire and Rescue Services Act 2004 for the area in which the land to which the order relates is situated
British Horse Society
Byways and Bridleways Trust
Cyclists Touring Club
Open Spaces Society
Ramblers' Association
Town and community councils for the area in which the land to which the order relates is situated

(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.