The Rail Crossing Extinguishment and Diversion Orders Regulations 1993

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Rail Crossing Extinguishment and Diversion Orders Regulations 1993 and shall come into force on 31st January 1993.

(2) In these Regulations unless the context otherwise requires:

“the Act” means the Highways Act 1980;

“authority” means the authority responsible for making the order;

“order” means a rail crossing extinguishment order, a rail crossing diversion order, or an order varying or revoking such order(1);

“public path creation order” means an order made under section 26 of the Act (compulsory powers for creation of footpaths and bridleways);

“public path diversion order” means an order made under section 119 of the Act (diversion of footpaths and bridleways);

“public path extinguishment order” means an order made under section 118 of the Act (stopping up of footpaths and bridleways);

“rail crossing diversion order” means an order under section 119A of the Act (diversion of footpaths and bridleways crossing railways);

“rail crossing extinguishment order” means an order under section 118A of the Act (stopping up of footpaths and bridleways crossing railways).

Forms of request and particulars for request

2.—(1) A request to an authority for a rail crossing extinguishment order shall be in the form in Part 1 of Schedule 1 to these Regulations or in a form substantially to the like effect.

(2) A request to an authority for a rail crossing diversion order shall be in the form in Part 2 of Schedule 1 to these Regulations or in a form substantially to the like effect.

(3) The prescribed particulars to be given in any such request are the particulars required by that request.

Forms of order

3.—(1) A rail crossing extinguishment order shall be in the form set out in Form 1 of Schedule 2 to these Regulations or in a form substantially to the like effect.

(2) A rail crossing diversion order shall be in the form set out in Form 2 of Schedule 2 to these Regulations or in a form substantially to the like effect.

(3) The map which sections 118A(6) and 119A(9) of the Act require an order to contain shall be on a scale of not less than 1:2500, or, if no such map is available, on the largest scale readily available, and shall show any rights of way alternative to the way affected by the order.

(4) An order shall at the end be sealed and dated.

Notices

4.—(1) Any notice required to be given under Schedule 6 to the Act (provisions as to making, confirmation, validity and date of operation of certain orders relating to footpaths and bridleways) by an authority shall be in the appropriate form set out in Schedule 3 to these Regulations, or in a form substantially to the like effect, as follows–

(a) the form of notice of making of a rail crossing extinguishment order or a rail crossing diversion order shall be Form 1, and

(b) the form of notice of confirmation of a rail crossing extinguishment order or a rail crossing diversion order shall be Form 2.

(2) Any notice required to be given under Schedule 6 to the Act by the Secretary of State shall be in the appropriate form set out in Schedule 3 to these Regulations, or in a form substantially to the like effect, subject to any necessary modifications.

(3) The notice required to be served under paragraph 1(3)(b) or 4(1)(a) of Schedule 6 to the Act shall in relation to the areas specified in column 1 of Schedule 4 to these Regulations be served on the persons specified in column 2 of that Schedule.

(4) Where any notice to be served on an owner, lessee or occupier in accordance with paragraph 1(3)(b) or 4(1)(a) of Schedule 6 to the Act is sent under cover otherwise than by registered or recorded delivery service, the cover shall have clearly upon it in writing the words: “IMPORTANT – THIS COMMUNICATION AFFECTS YOUR PROPERTY”.

Procedure for orders

5.—(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 copies of the order,

(b) a copy of the notice given before submission as required by Schedule 6 to the Act,

(c) a statement of the grounds on which the authority consider that the order should be confirmed,

(d) a copy of the request for the order,

(e) any representations or objections duly made with respect to the order and not withdrawn, together with the observations thereon of the authority, and

(f) in any case in which the authority is required to obtain the consent of, or to consult, any other authority or body before the order is made, a certificate that such consent has been obtained or such consultation has taken place together with a statement of the nature and effect of such consultation.

(3) Any proceedings preliminary to the confirmation of a public path extinguishment order, or a rail crossing extinguishment order, may be taken concurrently with any proceedings preliminary to the confirmation of a public path creation order or a public path diversion order or a rail crossing diversion order(2).

(4) After a decision not to confirm an order, the authority shall, as soon as the requirements of paragraph 4(3) of Schedule 6 to the Act have been complied with, so certify in writing to the Secretary of State.

(5) After an order has been confirmed by the Secretary of State, the authority shall, as soon as the requirements of paragraph 4(1) of Schedule 6 to the Act have been complied with, so certify in writing to the Secretary of State.

(6) After an order has been confirmed, the authority shall send a copy of the order as confirmed to the Ordnance Survey.

Claims for compensation as respects orders

6.—(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(3) (supplementary provisions as to public path extinguishment and diversion orders), in consequence of the coming into operation of an order shall be made in writing and shall be served on the authority, 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, by delivering it at the offices of the authority 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 coming into force of the order in respect of which the claim is made.

Michael Howard

Secretary of State for the Environment

7th January 1993

David Hunt

Secretary of State for Wales

6th January 1993