Explanatory Note

(This note is not part of the Regulations)

These Regulations re-enact the Public Path Orders and Extinguishment of Public Right of Way Orders Regulations 1983 (“the 1983 Regulations”) with minor and drafting amendments.

Regulation 2 and Schedule 1 prescribe new forms for public path creation orders, public path diversion orders and public path extinguishment orders made under sections 26, 119 and 118 respectively of the Highways Act 1980, and for orders made under section 32 of the Acquisition of Land Act 1981 extinguishing nonvehicular rights of way. The regulation requires an order under section 32 to contain a map, and prescribes the scale for all order maps.

Regulation 3 with Schedule 2 prescribe forms of notice of orders and with Schedule 3 prescribe organisations who are to be served with notice of making and confirmation of orders.

Regulation 4 contains requirements as to procedure for orders, and also provides for concurrent proceedings preliminary to confirmation to be taken in the case of specified orders.

Regulation 5 prescribes requirements with regard to claims for compensation for depreciation of land or loss caused by orders.

Regulation 6 revokes the 1983 Regulations.