The Rail Crossing Extinguishment and Diversion Orders Regulations 1993

Statutory Instruments

1993 No. 9

HIGHWAYS, ENGLAND AND WALES

TRANSPORT

The Rail Crossing Extinguishment and Diversion Orders Regulations 1993

Made

7th January 1993

Laid before Parliament

8th January 1993

Coming into force

31st January 1993

The Secretary of State for the Environment, as respects England and the Secretary of State for Wales, as respects Wales, in exercise of the powers conferred on them by sections 28(2), 118, 118A(6) and (7), 119, 119A(9) and (10) and 120(3A) of, and paragraphs 1(1) and (3), 3(1) and 4(1) of Schedule 6 to, the Highways Act 1980(2), and of all other powers enabling them in that behalf, hereby make the following Regulations:–

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(3);

“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(4).

(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(5) (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

Regulation 2

SCHEDULE 1

FORM 1 FORM OF REQUEST FOR A RAIL CROSSING EXTINGUISHMENT ORDERHIGHWAYS ACT 1980TRANSPORT AND WORKS ACT 1992

FORM 2 FORM OF REQUEST FOR A RAIL CROSSING DIVERSION ORDERHIGHWAYS ACT 1980TRANSPORT AND WORKS ACT 1992

Regulation 3(1)

SCHEDULE 2

FORM 1 RAIL CROSSING EXTINGUISHMENT ORDERHIGHWAYS ACT 1980, SECTION 118A

FORM 2 RAIL CROSSING DIVERSION ORDERHIGHWAYS ACT 1980, SECTION 119A

Regulation 4(1)

SCHEDULE 3

FORM 1 NOTICE OF MAKING OF RAIL CROSSING

FORM 2 NOTICE OF CONFIRMATION OF RAIL CROSSING

Regulation 4(3)

SCHEDULE 4 ADDITIONAL PERSONS TO BE SERVED WITH NOTICE OF ORDERS

(1) Area	(2) Name of Persons
England and Wales	Auto-Cycle Union British Horse Society Byways and Bridleways Trust Open Spaces Society Ramblers Association Cyclists Touring Club
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 within the district of Mid Bedfordshire the parishes of Harlington and Shillington, and within the district of South Bedfordshire the parishes of Barton le Clay, Caddington and Slip End, Dunstable, Eaton Bray, Houghton Regis, Hyde, Kensworth, Streatley, Studham, Sundon, Toddington, Totternhoe and Whipsnade; Within the county of Buckinghamshire: the districts of Chiltern, Wycombe and South Bucks; and within the district of Aylesbury Vale, the parishes of Aston Clinton, Buckland, Drayton Beauchamp, Edlesborough, Halton, Ivinghoe, Marsworth, Pitstone, Wendover and Weston Turville; Within the county of Hertfordshire: the districts of Dacorum and Three Rivers; and within the district of North Hertfordshire, the parishes of Hexton, Hitchin, Ickleford,St. Ippollitts, Kings Walden, Langley, Lilley, Offley, Pirton, Preston and St Pauls Walden; Within the county of Oxfordshire: the district of South Oxfordshire	Chiltern Society
Wales	Welsh Trail Riders' Association

Explanatory Note

(This note is not part of the Regulations)

These Regulations prescribe requirements for the making of rail crossing extinguish ment orders and rail crossing diversion orders under sections 118A and 119A of the Highways Act 1980 as inserted by the Transport and Works Act 1992.

Regulation 2 and Schedule 1 prescribe forms of requests for orders, and the particulars to be given in such requests.

Regulation 3 and Schedule 2 prescribe forms of orders.

Regulation 4 with Schedule 3 prescribe forms of notices of making and confirmation of orders, and with Schedule 4 requires notice to be served upon certain additional persons.

Regulation 5 contains procedural requirements with regard to orders, and provides for concurrent proceedings preliminary to confirmation to be taken in the case of specified orders.

Regulation 6 prescribes requirements with regard to claims for compensation under the Highways Act 1980 for depreciation of land or loss caused by orders.

(1)

See the definition of “prescribed” in each paragraph.

(2)

1980 c. 66; sections 118 and 119 and Schedule 6 to the Act were amended by paragraph 6 of Schedule 16 to the Wildlife and Countryside Act 1981 (c. 69), and section 118 and paragraphs 1 and 3 of Schedule 6 to the Act were amended, and sections 118A, 119A and 120(3A) were inserted, by section 47 of, and by paragraphs 2, 3, 4, 5 and 10 of Schedule 2 to, the Transport and Works Act 1992 (c. 42), and section 118 was amended by paragraph 45(7) of Schedule 2 to the Planning (Consequential Provisions) Act 1990 (c. 11).

(3)

See section 326(5) of the Act.

(4)

See paragraph 3(2) of Schedule 6 to the Act as amended by section 47 of, and paragraph 10(4) of Schedule 2 to, the Transport and Works Act 1992 (c. 42).

(5)

Section 121(2) was amended by paragraph 6(3) of Schedule 2 to the Transport and Works Act 1992 (c. 42).