The Rail Crossing Extinguishment and Diversion Orders, the Public Path Orders and the Definitive Maps and Statements (Amendment) Regulations 1995

This Statutory Instrument has been made in consequence of defects in S.I. 1993/9, S.I. 1993/10, and S.I. 1993/11 and is being issued free of charge to all known recipients of those Statutory Instruments.

Statutory Instruments

1995 No. 451

HIGHWAYS, ENGLAND AND WALES

RIGHTS OF WAY

The Rail Crossing Extinguishment and Diversion Orders, the Public Path Orders and the Definitive Maps and Statements (Amendment) Regulations 1995

Made

24th February 1995

Laid before Parliament

8th March 1995

Coming into force

29th March 1995

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 upon them by sections 26(5), 118(3), 118A(7), 119(7), 119A(10), 120(3A) of, and paragraph 1(3)(b)(iv) of Schedule 6 to, the Highways Act 1980(1), sections 53(6), 54(1) and paragraph 3(2)(b)(iv) of Schedule 15 to the Wildlife and Countryside Act 1981(2) and sections 259(4), 333 and paragraphs 1(2)(b)(v) and 7 of Schedule 14 to the Town and Country Planning Act 1990(3) and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Rail Crossing Extinguishment and Diversion Orders, the Public Path Orders and the Definitive Maps and Statements (Amendment) Regulations 1995 and shall come into force on 29th March 1995.

Amendment of the Rail Crossing Extinguishment and Diversion Orders Regulations 1993

2.  The Rail Crossing Extinguishment and Diversion Orders Regulations 1993(4) shall be amended as follows—

(a) in paragraph (1) of regulation 2 for “in the form in Part I of Schedule 1” there shall be substituted “in the form set out in Form 1 in Schedule 1”;

(b) in paragraph (2) of regulation 2 for “in the form in Part 2 of Schedule 1” there shall be substituted “in the form set out in Form 2 in Schedule 1”; and

(c) for the list of areas and persons in Schedule 4 there shall be substituted the list set out in the Schedule hereto.

Amendment of the Town and Country Planning (Public Path Orders) Regulations 1993

3.  The Town and Country Planning (Public Path Orders) Regulations 1993(5) shall be amended as follows—

(a) in Form 2 in Schedule 2 for the two references to “paragraph [7] [8] of Schedule 14” there shall be substituted in each case “paragraph 7 of Schedule 14”; and

(b) for the list of areas and persons in Schedule 3 there shall be substituted the list set out in the Schedule hereto.

Amendment of the Public Path Orders Regulations 1993

4.  The Public Path Orders Regulations 1993(6) shall be amended as follows—

(a) for paragraphs (1) and (2) of regulation 2 there shall be substituted:

“2.— (1) An order shall be in the appropriate form set out in Schedule 1 to these Regulations, or in a form substantially to the like effect, as follows—

(a) the form of order for a public path creation order shall be Form 1;

(b) the form of order for a public path diversion order shall be Form 2;

(c) the form of order for a public path extinguishment order shall be Form 3.

(2) An order shall at the end be sealed and dated.;”

(b) for Schedule 1 there shall be substituted:

“SCHEDULE 1 FORMS OF ORDER

”; and

(c) for the list of areas and persons in Schedule 3 there shall be substituted the list set out in the Schedule hereto.

Amendment of the Wildlife and Countryside (Definitive Maps and Statements) Regulations 1993

5.  The Wildlife and Countryside (Definitive Maps and Statements) Regulations 1993(7) shall be amended as follows—

• for the list of areas and persons in Schedule 6 there shall be substituted the list set out in the Schedule hereto except that in column 2 of that table, after “Auto-Cycle Union” there shall be added “British Driving Society”.

Signed by authority of the Secretary of State

Robert Atkins

Minister of State

Department of the Environment

15th February 1995

John Redwood

Secretary of State for Wales

24th February 1995

Regulations 2, 3, 4 and 5

SCHEDULE

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 the districts of Mid Bedfordshire and South Bedfordshire.	Chiltern Society
Within the county of Buckinghamshire: the districts of Chiltern, Wycombe, South Bucks and Aylesbury Vale.
Within the county of Hertfordshire: the borough of Dacorum and the districts of Three Rivers and North Hertfordshire.
Within the county of Oxfordshire: the district of South Oxfordshire.
Wales	Welsh Trail Riders' Association

Explanatory Note

(This note is not part of the Regulations)

These Regulations make minor amendments to the Rail Crossing Extinguishment and Diversion Orders Regulations 1993 (S.I. 1993/9), The Town and Country Planning (Public ath Orders) Regulations 1993 (S.I. 1993/10), the Public Path Orders Regulations 1993 (S.I. 1993/11) and the Wildlife and Countryside (Definitive Maps and Statements) Regulations 1993 (S.I. 1993/12).

Regulation 2 amends regulation 2 of S.I. 1993/9 so that it refers to Forms 1 and 2 in Schedule 1 rather than Parts 1 and 2 of Schedule 1.

Regulation 3 amends Form 2 in Schedule 2 to S.I. 1993/10 to omit the references to paragraph 8 of Schedule 14 to the Town and Country Planning Act 1990.

Regulation 4 substitutes a new regulation 2(1), (2) and Schedule 1 to S.I. 1993/11. References to the form of an acquisition extinguishment order are omitted and minor drafting changes are made.

Regulations 2 to 5 also amend the areas in relation to which persons are to be served with notice of orders.

(1)

1980 c. 66; sections 118A, 119A and 120(3A) were inserted by paragraphs 3, 4 and 5 of Schedule 2 to the Transport and Works Act 1992 (c. 42), and paragraph 1(3) of Schedule 6 was substituted by paragraph 6(2) of Schedule 16 to the Wildlife and Countryside Act 1981 (c. 69).Seethe definition of prescribed in paragraph 3 of Schedule 6 to the Highways Act 1980.

(2)

1981 c. 69.Seethe definition of prescribed in paragraph 13 of Schedule 15.

(3)

1990 c. 8.Seethe definition of prescribed in section 336(1).

(4)

S.I. 1993/9.

(5)

S.I. 1993/10.

(6)

S.I. 1993/11.

(7)

S.I. 1993/12.