2007 No. 1494
The Highways (SSSI Diversion Orders) (England) Regulations 2007
Made
Laid before Parliament
Coming into force
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 19801.
Citation, commencement and extent1
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 only2.
Interpretation2
In these Regulations—
“the Act” means the Highways Act 1980;
“order” means an SSSI diversion order3 or an order varying or revoking such an order.
Notice of intention to apply for an order3
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.
Application for an order4
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.
Orders5
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.
Notices of making or confirmation6
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.
Procedure for orders7
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 council6; and
d
a statement of the grounds on which the council consider that the order should be confirmed.
3
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.
Claims for compensation in respect of orders8
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 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.
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.
SCHEDULE 1HIGHWAYS ACT 1980, SECTION 119E
SCHEDULE 2HIGHWAYS ACT 1980, SECTION 119E
SCHEDULE 3HIGHWAYS ACT 1980, SECTION 119D
SCHEDULE 4
NOTICE OF MAKING OF SSSI DIVERSION ORDER
NOTICE OF CONFIRMATION OF SSSI DIVERSION ORDER
NOTICE OF MAKING OF SSSI DIVERSION ORDER BY THE SECRETARY OF STATE
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. |
(This note is not part of the Regulations)