Explanatory note
England and Wales
(This note is not part of the Regulations)
Sections 119D and 119E of the Highways Act 1980, inserted by Schedule 6 to the Countryside and Rights of Way Act 2000, make provision enabling an order (an “SSSI diversion order”) to be made for the diversion of certain highways to prevent significant damage to the special features of a site of special scientific interest.
These Regulations prescribe the forms and notices, and make provision as to the procedure, for SSSI diversion orders as follows—
regulation 3 and Schedule 1 prescribe the form for a notice of intention to apply for an order;
regulation 4 and Schedule 2 prescribe the form of applications for an order, and of the assessment to accompany applications, and make provision as to the scale of the map to accompany applications, and as to other accompanying information;
regulation 5 and Schedule 3 prescribe the form of an order and the scale of a map to accompany it;
regulation 6 and Schedule 4 prescribe the form of notices of making and proposed submission for confirmation, and confirmation, of orders, and prescribe certain additional persons upon whom these notices are to be served;
regulation 7 makes procedural provision as to the making, submission and confirmation of orders; and
regulation 8 prescribes requirements with regard to claims for compensation under section 28 of the Highways Act 1980 for depreciation or disturbance in consequence of an SSSI diversion order and also provides that any such claim shall be served within 6 months of the order concerned coming into force.
A full impact assessment has not been prepared for this instrument as no impact on the private or voluntary sectors is foreseen.