The Removal of Obstructions from Highways (Wales) Regulations 2004

Welsh Statutory Instruments

2004 No. 317 (W.34)

RIGHTS OF WAY, WALES

The Removal of Obstructions from Highways (Wales) Regulations 2004

Made

10th February 2004

Coming into force

1st April 2004

The National Assembly for Wales, in exercise of the powers conferred upon the Secretary of State by sections 130A(8), 130B(6) and 130C(2) of the Highways Act 1980(1), and of all other powers enabling it in that behalf, hereby makes the following Regulations(2):

Citation, commencement and application

1.—(1) These Regulations may be cited as the Removal of Obstructions from Highways (Wales) Regulations 2004 and come into force on 1st April 2004.

(2) These Regulations apply to Wales.

Interpretation

2.  In these Regulations —

“the Act” (“y Ddeddf”) means the Highways Act 1980 and reference to a “section” is a reference to that section in the Act;

“notice” (“hysbysiad”) means a notice in a form prescribed by these Regulations (or a form substantially to the same effect) and reference to a numbered form is a reference to a form bearing that number in the Schedule to these Regulations.

Prescribed notices

3.  The notice prescribed for the purposes of section—

(a) 130A(1) is Form 1;

(b) 130A(6)(a) is Form 2;

(c) 130A(6)(b) is Form 3;

(d) 130C(1) is Form 4; and

(e) 130B(6) is Form 5.

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998(3)

D. Elis-Thomas

The Presiding Officer of the National Assembly

10th February 2004

SCHEDULE

FORM 1

FORM 2

FORM 3

FORM 4

FORM 5

Explanatory Note

(This note is not part of the Regulations)

These Regulations prescribe, in relation to Wales, the form of notices to be served under sections 130A, 130B and 130C of the Highways Act 1980 (“the Act”). These sections were inserted into the Act by section 63 of the Countryside and Rights of Way Act 2000.

The new provisions enable a person, who believes a local highway authority is failing in its duty to prevent a right of way from being obstructed, to ask the authority to secure the removal of the obstruction.

Notices in the form (or in a form substantially to the same effect) prescribed by these Regulations are required to be served when the new provisions are exercised.

(1)

1980 c. 66. These sections were inserted into the Act by section 63 of the Countryside and Rights of Way Act 2000 (c. 37).

(2)

The functions of the Secretary of State under these sections are exercisable by the National Assembly for Wales by virtue of article 2 of, and Schedule 1 to, the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) and section 99(1) of the Countryside and Rights of Way Act 2000.

(3)

1998 c. 38.