OpenLegislation

Explanatory note

England and Wales

(This note is not part of the Regulations)

This note is not part of the RegulationsSections 118B and 119B of the Highways Act 1980, inserted by Schedule 6 to the Countryside and Rights of Way Act 2000, make provision enabling orders to be made for stopping up (a “special extinguishment order”) and diversion (a “special diversion order”) of certain highways for the purposes of crime prevention or the protection of pupils or staff of schools.

These Regulations, which come into force on 26th June 2003, prescribe the forms and notices, and make provision as to the procedure, for these orders as follows—

regulation 3 and Schedule 1 prescribe the forms for a special extinguishment order and a special diversion order;

regulation 4(1) to (3) and Schedule 2 prescribe the form of notices of making and proposed submission for confirmation, and confirmation, of special extinguishment and special diversion orders, and regulation 4(4) and Schedule 3 prescribe certain additional persons on whom these notices are to be served;

regulation 5 makes procedural provision as to the making, submission and confirmation of these orders; and

regulation 6 prescribes requirements with regard to claims for compensation under section 28 of the Highways Act 1980 for depreciation or disturbance in consequence of these orders and also provides that any such claim shall be served within 6 months of the order concerned coming into force.