2005 No. 1809 (W.140)
The Highways (Schools) (Special Extinguishment and Special Diversion Orders) (Wales) Regulations 2005
Made
Coming into force
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.
- a
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.
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
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.
SCHEDULE 1
SPECIAL EXTINGUISHMENT ORDER FOR CERTAIN HIGHWAYS WHICH CROSS LAND OCCUPIED FOR THE PURPOSES OF A SCHOOL
SCHEDULE 2
SPECIAL DIVERSION ORDER FOR CERTAIN HIGHWAYS WHICH CROSS LAND OCCUPIED FOR THE PURPOSES OF A SCHOOL
SCHEDULE 3
NOTICE OF MAKING OF SPECIAL [EXTINGUISHMENT] [DIVERSION] ORDER
NOTICE OF CONFIRMATION OF SPECIAL [EXTINGUISHMENT] [DIVERSION] ORDER
NOTICE OF MAKING OF SPECIAL [EXTINGUISHMENT] [DIVERSION] ORDER BY THE NATIONAL ASSEMBLY FOR WALES
SCHEDULE 4ADDITIONAL PERSONS TO BE SERVED WITH NOTICE OF ORDERS
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)