The Public Rights of Way (Combined Orders) (England) Regulations 2008

Title, commencement and application

1.  These Regulations—

(a) may be cited as the Public Rights of Way (Combined Orders) (England) Regulations 2008;

(b) come into force on 6th April 2008; and

(c) apply in relation to England only(1).

Interpretation

2.  In these Regulations—

“the Act” means the Wildlife and Countryside Act 1981;

“section 53A Order” means an order to which section 53A of the Act applies by virtue of regulation 3, and a “relevant section 53A Order” is one for which a form is prescribed by any enactment(2).

Section 53A Orders

3.  The following descriptions of order are prescribed as descriptions of order to which section 53A of the Act applies (where they are of the kind described in paragraphs (b) to (d) of section 53A(1))—

(a) those made under any of these provisions of the Highways Act 1980(3)—

(i) section 26 (compulsory powers for creation of footpaths, bridleways and restricted byways);

(ii) section 118 (stopping up of footpaths, bridleways and restricted byways);

(iii) section 118A (stopping up of footpaths, bridleways and restricted byways crossing railways);

(iv) subsection (4) of section 118B (stopping up of certain highways for purposes of crime prevention, etc);

(v) section 119 (diversion of footpaths, bridleways and restricted byways);

(vi) section 119A (diversion of footpaths, bridleways and restricted byways crossing railways);

(vii) subsection (4) of section 119B (diversion of certain highways for purposes of crime prevention, etc);

(viii) section 119D (diversion of certain highways for protection of sites of special scientific interest);

(b) those made under section 32 (power to extinguish certain public rights of way) of the Acquisition of Land Act 1981(4);

(c) those made under section 294 (extinguishment of public rights of way over acquired land) of the Housing Act 1985(5);

(d) those made under any of these provisions of the Town and Country Planning Act 1990(6)—

(i) subsection (2A) of section 247 (highways affected by development: orders by Secretary of State);

(ii) section 257 (footpaths, bridleways and restricted byways affected by development: orders by other authorities);

(iii) subsection (1) of section 258 (extinguishment of public rights of way over land held for planning purposes).

Relevant date

4.  The relevant date required(7) to be specified in a section 53A Order which includes provision made by virtue of section 53A(2) of the Act is the date upon which the stopping up (also referred to as the extinguishment), diversion or, as the case may be, creation of the path effected by that Order comes fully into effect.

Form of order

5.  That part of a relevant section 53A Order which contains provision made by virtue of section 53A(2) of the Act must be in the form prescribed for an order of the description in question, as modified in the manner set out in the Schedule, or in a form substantially to the like effect, with such insertions or omissions as are necessary in any particular case(8).

Scale of maps in orders

6.  Any map contained in a section 53A Order which shows anything as a consequence of provision made by virtue of section 53A(2) of the Act must be on a scale of not less than 1:2,500.

Jonathan Shaw

Parliamentary Under Secretary of State

Department for Environment, Food and Rural Affairs

19th February 2008