2007 No. 1494
HIGHWAYS, ENGLAND
The Highways (SSSI Diversion Orders) (England) Regulations 2007
Made 21st May 2007
Laid before Parliament 23rd May 2007
Coming into force 1st July 2007

The Secretary of State makes these Regulations in exercise of the powers conferred upon him by sections 28(2) (as applied by section 121(2)) and 119E(1), (5) and (8) 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.
1980 c. 66. Section 119E was inserted by paragraph 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; see the definitions of “prescribed” in section 119E(8) and paragraphs 3(3)(b) and 6 of Schedule 6.

1 Citation, commencement and extent
1 These Regulations may be cited as the Highways (SSSI Diversion Orders) (England) Regulations 2007 and shall come into force on 1st July 2007.
2 These Regulations apply in relation to England only.
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.

2 Interpretation
In these Regulations—
“the Act” means the Highways Act 1980;
“order” means an SSSI diversion order or an order varying or revoking such an order.
See section 119D(4) of the Act. An SSSI diversion order diverts a highway to protect the special interest features by reason of which a site is of special scientific interest.

3 Notice of intention to apply for an order
A notice of intention to apply for an order shall be in the form set out in Schedule 1 or in a form substantially to the same effect.

4 Application for an order
1 An application for an order, and the assessment to accompany it, shall be in the form set out in Schedule 2 or in a form substantially to the same effect.
2 The map required to accompany an application for 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 available.
3 Other information to accompany an application is stated in the form set out in Schedule 2.

5 Orders
1 An order shall be in the form set out in Schedule 3 or in a form substantially to the same effect.
2 The map 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 available.

6 Notices of making or confirmation
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 and its intended submission for confirmation or confirmation as an unopposed order shall be in the form set out in Form 1 in Schedule 4 or in a form substantially to the same effect.
2 A notice required to be published under paragraph 4(1) of Schedule 6 to the Act in respect of the confirmation of an order shall be in the form set out in Form 2 in Schedule 4 or in a form substantially to the same effect.
3 A notice required to be published under paragraph 4(1) of Schedule 6 to the Act in respect of the making of an order by the Secretary of State shall be in the form set out in Form 3 in Schedule 4 or in a form substantially to the same effect.
4 A notice required to be served under paragraph 1(3)(b)(iv) or 4(1)(a) of Schedule 6 to the Act shall, in relation to the areas specified in column 1 of the table in Schedule 4 to these Regulations, be served on the persons prescribed in column 2 of that table.
Paragraph 1(3)(b) was substituted by the Wildlife and Countryside Act 1981 (c. 69), Schedule 16, paragraph 6.
Paragraph 4(1)(a) was substituted by the Wildlife and Countryside Act 1981, Schedule 16, paragraph 8.

7 Procedure for orders
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 him accompanied by—
(a) two further 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 made by the council; and
See the definition of “council” in section 329(1) of the Act.
(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 an SSSI diversion order may be taken concurrently with any proceedings preliminary to the confirmation of a public path extinguishment order, a rail crossing extinguishment order or a special extinguishment order.
See section 118(1) of the Act.
See section 118A(2) and (3) of the Act, inserted by the Transport and Works Act 1992 (c. 42), Schedule 2, paragraph 3.
See section 118B(4) and (5) of the Act, inserted by the Countryside and Rights of Way Act 2000, Schedule 6, paragraph 8.
4 After being notified of 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, certify in writing to the Secretary of State that those requirements have been complied with.
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, certify in writing to the Secretary of State that those requirements have been complied with.
6 After an order has been confirmed, the council shall send a copy of the order as confirmed to the Ordnance Survey.

8 Claims for compensation in respect of orders
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, 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 (as it applies by virtue of section 121(2)(a) 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.
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.
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 fully into force.
Barry Gardiner Parliamentary Under Secretary of State Department for Environment, Food and Rural Affairs 21st May 2007

SCHEDULE 1 HIGHWAYS ACT 1980, SECTION 119E
Regulation 3

NOTICE OF INTENTION TO MAKE AN APPLICATION REQUESTING A LOCAL HIGHWAY AUTHORITY TO MAKE AN SSSI DIVERSION ORDER TO DIVERT CERTAIN HIGHWAYS FOR THE PROTECTION OF A SITE OF SPECIAL SCIENTIFIC INTEREST

SCHEDULE 2 HIGHWAYS ACT 1980, SECTION 119E

APPLICATION REQUESTING A LOCAL HIGHWAY AUTHORITY TO MAKE AN SSSI DIVERSION ORDER TO DIVERT CERTAIN HIGHWAYS FOR THE PROTECTION OF A SITE OF SPECIAL SCIENTIFIC INTEREST

SCHEDULE 3 HIGHWAYS ACT 1980, SECTION 119D
Regulation 5

SSSI DIVERSION ORDER TO DIVERT CERTAIN HIGHWAYS TO PROTECT A SITE OF SPECIAL SCIENTIFIC INTEREST
SCHEDULE 4

FORM 1 HIGHWAYS ACT 1980, SECTION 119D(10) AND SCHEDULE 6
NOTICE OF MAKING OF SSSI DIVERSION ORDER

FORM 2 HIGHWAYS ACT 1980, SECTION 119D(10) AND SCHEDULE 6
NOTICE OF CONFIRMATION OF SSSI DIVERSION ORDER

FORM 3 HIGHWAYS ACT 1980, SECTIONS 119D(10) AND 120(3), AND SCHEDULE 6
NOTICE OF MAKING OF SSSI DIVERSION ORDER BY THE SECRETARY OF STATE

TABLE ADDITIONAL PERSONS TO BE SERVED WITH NOTICE OF ORDERS
1. Area	2. Name of Persons
Any area in England.	Auto Cycle Union British Horse Society Byways and Bridleways Trust Cyclists Touring Club Open Spaces Society Ramblers Association Such persons representing conservation interests as the authority, having consulted Natural England, consider likely to have an interest.
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.	Chilterns Society.
Regulation 6

(This note is not part of the Regulations)
Sections 119D and 119E of the Highways Act 1980, inserted by Schedule 6 to the Countryside and Rights of Way Act 2000, make provision enabling an order (an “SSSI diversion order”) to be made for the diversion of certain highways to prevent significant damage to the special features of a site of special scientific interest.
These Regulations prescribe the forms and notices, and make provision as to the procedure, for SSSI diversion orders as follows—
(a) regulation 3 and Schedule 1 prescribe the form for a notice of intention to apply for an order;
(b) regulation 4 and Schedule 2 prescribe the form of applications for an order, and of the assessment to accompany applications, and make provision as to the scale of the map to accompany applications, and as to other accompanying information;
(c) regulation 5 and Schedule 3 prescribe the form of an order and the scale of a map to accompany it;
(d) regulation 6 and Schedule 4 prescribe the form of notices of making and proposed submission for confirmation, and confirmation, of orders, and prescribe certain additional persons upon whom these notices are to be served;
(e) regulation 7 makes procedural provision as to the making, submission and confirmation of orders; and
(f) regulation 8 prescribes requirements with regard to claims for compensation under section 28 of the Highways Act 1980 for depreciation or disturbance in consequence of an SSSI diversion order and also provides that any such claim shall be served within 6 months of the order concerned coming into force.
A full impact assessment has not been prepared for this instrument as no impact on the private or voluntary sectors is foreseen.