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

Section 53A OrdersE+W

This section has no associated Explanatory Memorandum

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(1)—

(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(2);

(c)those made under section 294 (extinguishment of public rights of way over acquired land) of the Housing Act 1985(3);

(d)those made under any of these provisions of the Town and Country Planning Act 1990(4)—

(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).

(1)

1980 c. 66; section 118A was inserted by section 47 of, and paragraph 3 of Schedule 2 to, the Transport and Works Act 1992 (c. 42); section 118B was inserted by section 57 of, and paragraph 8 of Schedule 6 to, the Countryside and Rights of Way Act 2000 (“the 2000 Act”); section 119A was inserted by section 47 of, and paragraph 4 of Schedule 2 to, the Transport and Works Act 1992; sections 119B and 119D were inserted by section 57 of, and paragraph 12 of Schedule 6 to, the 2000 Act; sections 26, 118, 118A, 119, 119A and 119B have been amended by S.I. 2006/1177; section 119D has been amended by section 105(1) of, and paragraph 64 of Schedule 11 to, the Natural Environment and Rural Communities Act 2006 (c. 16).

(2)

1981 c. 67; section 32 has been amended by the Civil Aviation Act 1982 (c. 16), the Telecommunications Act 1984 (c. 12), the Airports Act 1986 (c. 31), the Planning (Consequential Provisions) Act 1990 (c. 11), the Communications Act 2003 (c. 21) and by S.I. 2001/4050.

(3)

1985 c. 68; section 294 has been amended by the Local Government and Housing Act 1989 (c. 42).

(4)

1990 c. 8; section 247 has been amended by the Greater London Authority Act 1999 (c. 29) and S.I. 2006/1281; sections 257 and 258 have been amended by S.I. 2006/1177.