Definitive Map Orders

1 When we receive an order

1.1 As soon as we receive an order we check that it is in a form which meets the Wildlife and Countryside (Definitive Maps and Statements) Regulations 1993 (Statutory Instrument 1993 Number 12).

1.2 When we check the form of an order we have, no power to make a definite ruling on whether it meets the Regulations. This kind of ruling can only be made by the courts. However, if we believe there is something wrong with the order, for example if it is not largely in the correct form, we will reject it. We will then return it to the authority which sent it in with a letter explaining the reason for the rejection and asking the authority to let everyone involved know.

1.3 We then check that the authority has sent in all the documents we need to support the order as listed in Welsh Office Circular 5/93. This includes a statement of the reasons why the authority considers we should confirm the order together with any objections and the authority's comments on these.

1.4 If the authority does not send us any of the documents we need, we will ask for them. This causes a delay in processing the order.

1.5 If the form of the order is correct and we have received all the documents we need, we will write to the authority and those who have made objections. In our letter we will explain whether the Secretary of State plans to continue by written representations, a hearing or through a local public inquiry. (Please see parts 2, 3 and 4 of this booklet.)

Orders which the authority does not support

1.6 When it sends us an order, the authority must make it clear if it does not want to support the order, or if it wants to oppose it. In these cases, we ask the authority to tell us who they believe will stand up for the order. We then write to that person and give them the chance to stand up for the order throughout the local public inquiry, hearing or written representations procedure.

1.7 Sometimes authorities do not want to support orders which the Secretary of State has told them to make. This happens if somebody applies for an order to be made and then makes a successful appeal to the Secretary of State against the authority's refusal to make it.

1.8 There may be other circumstances which lead an authority to decide that it does not want to support its order. The most likely reason is that new evidence has come to light since the order was made and the authority strongly feels that the order should not be confirmed.

1.9 Whatever its reason for not wanting to support the order, the authority must still send us all the documents we need (see section 1.3 above). Also, if the case goes to a local public inquiry or a hearing, (see parts 3 and 4 of this booklet), the authority will still be expected to provide a suitable place for the inquiry or hearing and to send a representative.

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