The Public Path Orders Regulations 1993
© Crown Copyright 1993 The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users. It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Royal Arms and the Queen's Printer imprints. The text of this Internet version of the Statutory Instrument has been prepared to reflect the text as it was Made. The authoritative version is the Queen's Printer copy published by The Stationery Office Limited as the The Public Path Orders Regulations 1993, ISBN 0110330110. Purchase this item. For details of how to obtain an official copy see How to obtain The Stationery Office Limited titles. To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available. | ||||||||
HIGHWAYS, ENGLAND AND WALES The Public Path Orders Regulations 1993
1.—(1) These Regulations may be cited as the Public Path Orders Regulations 1993 and shall come into force on 31st January. (2) In these Regulations, unless the context otherwise requires,—
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—
(2) An order shall at the end be sealed and dated and if an acquisition extinguishment order shall contain a map[6]. (3) The map required to be contained in an order shall be on a scale of not less than 1:2500 or, if no such map is available, on the largest scale readily available.
3.—(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 2 to these Regulations, or in a form substantially to the like effect, as follows—
(2) The persons on whom notice is required to be served under paragraphs 1(3)(b) and 4(1)(a) of Schedule 6 to the Act shall in relation to the areas specified in column 1 of Schedule 3 to these Regulations include the persons specified in column 2 of that Schedule. (3) 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 in a prepaid registered letter or by recorded delivery service, the cover shall have clearly on it in writing the words: "IMPORTANT-THIS COMMUNICATION AFFECTS YOUR PROPERTY".
4.—(1) An order shall be made in duplicate and, where the order is submitted to the Secretary of State for confirmation, the order and duplicate shall be sent to him accompanied by:
(2) 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, a public path diversion order or a rail crossing diversion order[7]. (3) 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. (4) 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. (5) After an order has been confirmed, the authority shall send a copy of it as confirmed to the Ordnance Survey.
5.—(1) A claim made in accordance with section 28 of the Act (compensation for loss caused by public path creation order), or with that section as it applies by virtue of section 121 of the Act (supplementary provisions as to public path extinguishment and diversion orders), 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, or sending it by prepaid post to, the office of the authority, addressed to the Chief Executive. (2) The time within which any such claim shall be made shall be six months from the coming into force of the order in respect of which the claim is made.
6. The Public Path Orders and Extinguishment of Public Right of Way Orders Regulations 1983[8] are hereby revoked.
Notes: [1] Section 118 was amended by paragraph 45(7) of Schedule 2 to the Planning (Consequential Provisions) Act 1990 (c. 11), and by section 47 of, and paragraph 2 of Schedule 2 to, the Transport and Works Act 1992 (c. 42). back [2] See the definition of "prescribed" in each paragraph. back [3] 1980 c. 66; paragraphs 1 and 3 of Schedule 6 were amended by section 47 of, and paragraph 10 of Schedule 2 to, the Transport and Works Act 1992, and section 119 and both paragraphs 1 and 4 of Schedule 6 were amended by paragraphs 5 and 6 respectively of Schedule 16 to the Wildlife and Countryside Act 1981 (c. 69). back [5] See section 326(5) of the Act. back [6] See section 118(3) and section 119(7) of the Act which require a public path extinguishment order and a public path diversion order respectively to contain a map. back [7] 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). back |
|
||
| Other UK SIs | Home | National Assembly for Wales Statutory Instruments | Scottish Statutory Instruments | Statutory Rules of Northern Ireland | Her Majesty's Stationery Office | ||
|
|
||
| We welcome your comments on this site | © Crown copyright 1993 | Prepared 20th September 2000 |