The Rights of Way (Hearings and Inquiries Procedure) (England) Rules 2007
| Jurisdiction | UK Non-devolved |
| Citation | SI 2007/2008 |
| Year | 2007 |
(1) These Rules may be cited as the Rights of Way (Hearings and Inquiries Procedure) (England) Rules 2007 and come into force on 1st October 2007.(2) These Rules apply in relation to England only.In these Rules— paragraph 2(2) of Schedule 6 to the 1980 Act (provisions as to making, confirmation, validity and date of operation of certain orders relating to footpaths, bridleways and restricted byways) ;paragraph 7(2) of Schedule 15 to the 1981 Act (procedure in connection with certain orders under Part III) ; orparagraph 3(3) of Schedule 14 to the 1990 Act (procedure for footpaths and bridleways orders) .(2) Parts 1, 2, 4 and 6 apply to local inquiries caused by the Secretary of State to be held under the provisions mentioned in paragraph (1) (a) to (c) .(3) Parts 1, 5 and 6 apply to hearings afforded by the Secretary of State and to inquiries caused by him to be held under paragraph 2(3) of Schedule 6 to the 1980 Act (provisions as to making, confirmation, validity and date of operation of certain orders relating to footpaths, bridleways and restricted byways) , paragraph 8(2) of Schedule 15 to the 1981 Act (procedure in connection with certain orders under Part III) or paragraph 3(6) of Schedule 14 to the 1990 Act (procedure for footpaths and bridleways orders) .(4) The Highways (Inquiries Procedure) Rules 1994(1) The Secretary of State shall give a notice which complies with paragraph (3) to the persons mentioned in paragraph (4) .regulation 4 (procedure for public path orders) of the Town and Country Planning (Public Path Orders) Regulations 1993regulation 4 (procedure for orders) of the Public Path Orders Regulations 1993regulation 7 (making, submission and confirmation of modification and reclassification orders) of, and Schedule 4 (additional provisions in relation to the making, submission and confirmation of modification and reclassification orders) to, the Wildlife and Countryside (Definitive Maps and Statements) Regulations 1993be dated, and such date shall be the “start date” for the purposes of these Rules;state whether the consideration of the order will take the form of a hearing or inquiry;state the date, time and place of the hearing or inquiry, as the case may be;the land to which the order the subject of the hearing or inquiry relates; andthe effect of the order;state the address (including an e-mail address) to which communications about the hearing or inquiry are to be sent;state the time and place where the documents relating to the hearing or inquiry are to be made available by the authority under rule 29(1) (inspection and copying of documents) ;in the case of a hearing, explain the requirements of rule 6 (submission of statements of case for the hearing) ; andin the case of an inquiry, explain the requirements of rule 17 (submission of statements of case for the inquiry) and rule 20 (proofs of evidence) .the authority;section 118ZA (application for a public path extinguishment order) or 119ZA (application for a public path diversion order) of the 1980 Act;sections 118C (application by a proprietor of a school for a special extinguishment order) and 119C (application by a proprietor of a school for a special diversion order) of the 1980 Act; orsection 53(5) of the 1981 Act (which relates to applications for a definitive map modification order) ;in the case of an order to which the provisions of Schedule 6 to the 1980 Act (provisions as to making, confirmation, validity and date of operation of certain orders relating to footpaths, bridleways and restricted byways) apply, every person who was required to be given notice of that order by paragraph 1(3) (b) (i) , (ii) and (iv) of that Schedule;in the case of an order to which the provisions of Schedule 15 to the 1981 Act (procedure in connection with certain orders under Part III) apply, every person who was required to be given notice of that order by paragraph 3(2) (b) (i) , (ii) and (iv) of that Schedule;in the case of an order to which the provisions of Schedule 14 to the 1990 Act (procedure for footpaths and bridleways orders) apply, every person who was required to be given notice of that order by paragraph 1(2) (b) (i) to (iii) and (v) of that Schedule; andevery person (in these Rules referred to as a “relevant person”) who has duly made, and not withdrawn, any representation or objection referred to in paragraph 2(2) of Schedule 6 to the 1980 Act (provisions as to making, confirmation, validity and date of operation of certain orders relating to footpaths, bridleways and restricted byways) , paragraph 7(1) of Schedule 15 to the 1981
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