Wildlife and Countryside (Definitive Maps and Statements) Regulations 1993

JurisdictionUK Non-devolved

1993 No. 12

RIGHTS OF WAY

The Wildlife and Countryside (Definitive Maps and Statements) Regulations 1993

Made 7th January 1993

Laid before Parliament 8th January 1993

Coming into force 31th 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 section 57(1) and (2) of, and paragraphs 1, 2 and 5 of Schedule 14 and paragraphs 3, 11 and 13 of Schedule 15 to, the Wildlife and Countryside Act 19811, and of all other powers enabling them in that behalf, hereby make the following Regulations:

S-1 Citation, commencement and interpretation

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Wildlife and Countryside (Definitive Maps and Statements) Regulations 1993 and shall come into force on 31st January 1993.

(2) In these Regulations—

“the Act” means the Wildlife and Countryside Act 1981;

“modification order” means an order made under section 53(2)(a) or (b) or section 55(4) or section 55(5) of the Act;

“reclassification order” means an order made under section 54(1)(b) of the Act;

“surveying authority”2, in relation to any area, means the county council, metropolitan district council or London borough council whose area includes that area.

S-2 Scale of definitive maps

Scale of definitive maps

2. A definitive map shall be on a scale of not less than 1/25,000 but where the surveying authority wishes to show on a larger scale any particulars required to be shown on the map, in addition, an inset map may be used for that purpose.

S-3 Notation to be used on definitive maps

Notation to be used on definitive maps

3. Rights of way to which Part III of the Act (public rights of way) applies shall be shown on a definitive map as indicated in Schedule 1 to these Regulations.

S-4 Modification Orders

Modification Orders

4. A modification order shall be in the form set out in Schedule 2 to these Regulations or in a form substantially to the like effect, with such insertions or omissions as are necessary in any particular case.

S-5 Reclassification Orders

Reclassification Orders

5. A reclassification order shall be in the form set out in Schedule 3 to these Regulations or in a form substantially to the like effect, with such insertions or omissions as are necessary in any particular case.

S-6 Provisions supplementary to regulations 4 and 5

Provisions supplementary to regulations 4 and 5

6. Regulations 2 and 3 above shall apply to the map contained in a modification or reclassification order as they apply to a definitive map.

S-7 Making, submission and confirmation of modification and reclassification orders

Making, submission and confirmation of modification and reclassification orders

7.—(1) The provisions of Schedule 4 to these Regulations shall apply to the making, submission and confirmation of modification or reclassification orders.

(2) Any notice required under paragraph 3 of Schedule 15 to the Act (procedure in connection with certain orders under Part III) shall be in the form set out in Schedule 5 to these Regulations or in a form substantially to the like effect, with such insertions or omissions as are necessary in any particular case.

(3) The persons on whom notice is required to be served under Schedule 15 to the Act shall in relation to the areas specified in column 1 of Schedule 6 to these Regulations include the persons specified in column (2) of that Schedule.

S-8 Applications for a modification order

Applications for a modification order

8.—(1) An application for a modification order shall be in the form set out in Schedule 7 to these Regulations or in a form substantially to the like effect, with such insertions or omissions as are necessary in any particular case.

(2) Regulation 2 above shall apply to the map which accompanies such an application as it applies to the map contained in a modification or reclassification order.

(3) A notice required by paragraph 2 of Schedule 14 to the Act (applications for certain orders under Part III) shall be in the form set out in Schedule 8 to these Regulations or in a form substantially to the like effect, with such insertions or omissions as are necessary in any particular case.

(4) A certificate required by paragraph 2 of Schedule 14 to the Act shall be in the form set out in Schedule 9 to these Regulations or in a form substantially to the like effect, with such insertions or omissions as are necessary in any particular case.

S-9 Revocation

Revocation

9. The Wildlife and Countryside (Definitive Maps and Statements) Regulations 19833are hereby revoked.

Michael Howard

Secretary of State for the Environment

7th January 1993

David Hunt

Secretary of State for Wales

7th January 1993

SCHEDULE 1

NOTATION TO BE USED ON DEFINITIVE MAPS

SCHEDULE 2

Regulation 4

SCHEDULE 2

FORM OF MODIFICATION ORDER

Wildlife and Countryside Act 1981

SCHEDULE 3

Regulation 5

SCHEDULE 3

FORM OF RECLASSIFICATION ORDER

Wildlife and Countryside Act 1981

SCHEDULE 4

Regulation 7(1)

ADDITIONAL PROVISIONS IN RELATION TO THE MAKING, SUBMISSION AND CONFIRMATION OF MODIFICATION OR RECLASSIFICATION ORDERS

SCH-4.1

1. A modification or reclassification order shall be made in duplicate with the seal of the surveying authority (“the authority”) and the date of making inserted after the order before its Schedule.

SCH-4.2

2. Where any notice to be served on an owner or occupier in accordance with paragraph 3(2)(b)(i) of Schedule 15 to the Act is sent under cover otherwise than in a prepaid registered letter or by the recorded delivery service, the cover shall have clearly on it in writing the words: “IMPORTANT-THIS...

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