# The Rail Crossing Extinguishment and Diversion Orders Regulations 1993

S.I. 1993/9 · made 7 January 1993

These Regulations prescribe requirements for the making of rail crossing extinguish ment orders and rail crossing diversion orders under sections 118A and 119A of the Highways Act 1980 as inserted by the Transport and Works Act 1992.

Made under: Highways Act 1980 (Section 28, Section 118, Section 118A, Section 119, Section 119A, Section 120, Schedule 6 paragraph 1, Schedule 6 paragraph 3, Schedule 6 paragraph 4)

## Introductory text

HIGHWAYS, ENGLAND AND WALES
TRANSPORT
Made 7th January 1993
Laid before Parliament 8th January 1993
Coming into force 31st January 1993
The Secretary of State for the Environment, as respects England and the Secretary of State for Wales, as respects Wales, in exercise of the powers conferred on them by sections 28(2), 118, 118A(6) and (7), 119, 119A(9) and (10) and 120(3A) of, and paragraphs 1(1) and (3), 3 and 4 of Schedule 6 to, the Highways Act 1980, and of all other powers enabling them in that behalf, hereby make the following Regulations:–

## 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the Rail Crossing Extinguishment and Diversion Orders Regulations 1993 and shall come into force on 31st January 1993.
(2) In these Regulations unless the context otherwise requires:
“the Act” means the Highways Act 1980;
“authority” means the authority responsible for making the order;
“order” means a rail crossing extinguishment order, a rail crossing diversion order, or an order varying or revoking such order;
“public path creation order” means an order made under section 26 of the Act (compulsory powers for creation of footpaths and bridleways);
“public path diversion order” means an order made under section 119 of the Act (diversion of footpaths and bridleways);
“public path extinguishment order” means an order made under section 118 of the Act (stopping up of footpaths and bridleways);
“rail crossing diversion order” means an order under section 119A of the Act (diversion of footpaths and bridleways crossing railways);
“rail crossing extinguishment order” means an order under section 118A of the Act (stopping up of footpaths and bridleways crossing railways).

## 2 Forms of request and particulars for request

(1) A request to an authority for a rail crossing extinguishment order shall be in the form in Part 1 of Schedule 1 to these Regulations or in a form substantially to the like effect.
(2) A request to an authority for a rail crossing diversion order shall be in the form in Part 2 of Schedule 1 to these Regulations or in a form substantially to the like effect.
(3) The prescribed particulars to be given in any such request are the particulars required by that request.

## 3 Forms of order

(1) A rail crossing extinguishment order shall be in the form set out in Form 1 of Schedule 2 to these Regulations or in a form substantially to the like effect.
(2) A rail crossing diversion order shall be in the form set out in Form 2 of Schedule 2 to these Regulations or in a form substantially to the like effect.
(3) The map which sections 118A(6) and 119A(9) of the Act require an order to contain shall be on a scale of not less than 1:2500, or, if no such map is available, on the largest scale readily available, and shall show any rights of way alternative to the way affected by the order.
(4) An order shall at the end be sealed and dated.

## 4 Notices

(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 3 to these Regulations, or in a form substantially to the like effect, as follows–
(a) the form of notice of making of a rail crossing extinguishment order or a rail crossing diversion order shall be Form 1, and
(b) the form of notice of confirmation of a rail crossing extinguishment order or a rail crossing diversion order shall be Form 2.
(2) Any notice required to be given under Schedule 6 to the Act by the Secretary of State shall be in the appropriate form set out in Schedule 3 to these Regulations, or in a form substantially to the like effect, subject to any necessary modifications.
(3) The notice required to be served under paragraph 1(3)(b) or 4(1)(a) of Schedule 6 to the Act shall in relation to the areas specified in column 1 of Schedule 4 to these Regulations be served on the persons specified in column 2 of that Schedule.
(4) 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 by registered or recorded delivery service, the cover shall have clearly upon it in writing the words: “IMPORTANT – THIS COMMUNICATION AFFECTS YOUR PROPERTY”.

## 5 Procedure for orders

(1) An order shall be made in duplicate.
(2) Where an order is submitted to the Secretary of State for confirmation the order and duplicate shall be sent to him accompanied by:
(a) two copies of the order,
(b) a copy of the notice given before submission as required by Schedule 6 to the Act,
(c) a statement of the grounds on which the authority consider that the order should be confirmed,
(d) a copy of the request for the order,
(e) any representations or objections duly made with respect to the order and not withdrawn, together with the observations thereon of the authority, and
(f) in any case in which the authority is required to obtain the consent of, or to consult, any other authority or body before the order is made, a certificate that such consent has been obtained or such consultation has taken place together with a statement of the nature and effect of such consultation.
(3) 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 or a public path diversion order or a rail crossing diversion order.
(4) 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.
(5) 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.
(6) After an order has been confirmed, the authority shall send a copy of the order as confirmed to the Ordnance Survey.

## 6 Claims for compensation as respects orders

(1) A claim made in accordance with section 28 of the Act (compensation for loss caused by public path creation order), as applied by section 121(2) of the Act (supplementary provisions as to public path extinguishment and diversion orders), in consequence of the coming into operation of an order 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 the offices of the authority addressed to its Chief Executive or by sending it by prepaid post so addressed.
(2) The time within which any such claim shall be served shall be six months from the coming into force of the order in respect of which the claim is made.

## Signature

Michael Howard
Secretary of State for the Environment
7th January 1993
David Hunt
Secretary of State for Wales
6th January 1993

## Schedule 1 

FORM 1
FORM OF REQUEST FOR A RAIL CROSSING EXTINGUISHMENT ORDER
HIGHWAYS ACT 1980
TRANSPORT AND WORKS ACT 1992
FORM 2
FORM OF REQUEST FOR A RAIL CROSSING DIVERSION ORDER
HIGHWAYS ACT 1980
TRANSPORT AND WORKS ACT 1992

## Schedule 2 

FORM 1
RAIL CROSSING EXTINGUISHMENT ORDER
HIGHWAYS ACT 1980, SECTION 118A
FORM 2
RAIL CROSSING DIVERSION ORDER
HIGHWAYS ACT 1980, SECTION 119A

## Schedule 3 

FORM 1
NOTICE OF MAKING OF RAIL CROSSING
FORM 2
NOTICE OF CONFIRMATION OF RAIL CROSSING

## Schedule 4 ADDITIONAL PERSONS TO BE SERVED WITH NOTICE OF ORDERS

(1) Area
(2) Name of Persons
England and Wales
Auto-Cycle Union
British Horse Society
Byways and Bridleways Trust
Open Spaces Society
Ramblers Association
Cyclists Touring Club
The counties of Cheshire, Derbyshire, Greater Manchester, Lancashire, Merseyside, South Yorkshire, Staffordshire and West Yorkshire
Peak and Northern Footpaths Society
Within the county of Bedfordshire: the borough of Luton, and within the district of Mid Bedfordshire the parishes of Harlington and Shillington, and within the district of South Bedfordshire the parishes of Barton le Clay, Caddington and Slip End, Dunstable, Eaton Bray, Houghton Regis, Hyde, Kensworth, Streatley, Studham, Sundon, Toddington, Totternhoe and Whipsnade;
Within the county of Buckinghamshire: the districts of Chiltern, Wycombe and South Bucks; and within the district of Aylesbury Vale, the parishes of Aston Clinton, Buckland, Drayton Beauchamp, Edlesborough, Halton, Ivinghoe, Marsworth, Pitstone, Wendover and Weston Turville;
Within the county of Hertfordshire: the districts of Dacorum and Three Rivers; and within the district of North Hertfordshire, the parishes of Hexton, Hitchin, Ickleford,St. Ippollitts, Kings Walden, Langley, Lilley, Offley, Pirton, Preston and St Pauls Walden;
Within the county of Oxfordshire: the district of South Oxfordshire
Chiltern Society
Wales
Welsh Trail Riders' Association

## Explanatory note

(This note is not part of the Regulations)
These Regulations prescribe requirements for the making of rail crossing extinguish ment orders and rail crossing diversion orders under sections 118A and 119A of the Highways Act 1980 as inserted by the Transport and Works Act 1992.
Regulation 2 and Schedule 1 prescribe forms of requests for orders, and the particulars to be given in such requests.
Regulation 3 and Schedule 2 prescribe forms of orders.
Regulation 4 with Schedule 3 prescribe forms of notices of making and confirmation of orders, and with Schedule 4 requires notice to be served upon certain additional persons.
Regulation 5 contains procedural requirements with regard to orders, and provides for concurrent proceedings preliminary to confirmation to be taken in the case of specified orders.
Regulation 6 prescribes requirements with regard to claims for compensation under the Highways Act 1980 for depreciation of land or loss caused by orders.

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Source: https://www.legislation.gov.uk/uksi/1993/9 (the official version)
Page: https://openlegislation.uk/rail-crossing-extinguishment-and-diversion-orders-regulations-1993
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.