The Planning Inspectorate- Wales

Public path orders

Annex A - Some publications on rights of way orders

Acts of Parliament and Regulations

The Highways Act 1980

Sections 26, 118 and 119 cover creation, extinguishment and diversion orders. Schedule 6 sets out the procedures for making and confirming these orders.

Note - The Highways Act 1980 has been amended by several Acts of Parliament. The changes which relate to public path orders include those made under Schedule 16 of the Wildlife and Countryside Act 1981 (amending Section 119 and Schedule 6 of the 1980 Act).

The Public Path Orders Regulations 1993 (Statutory Instrument 1993 Number 11)

These give the form that orders made under sections 26, 118 and 119 should be in, and the form for notices advertising the order. Please also see 5 below.

The Town and Country Planning Act 1990

Sections 257, 258 and 261 cover diversion and stopping up orders to allow development. Schedule 14 sets out the procedures for making and confirming these orders.

The Town and Country Planning (Public Path Orders) Regulations 1993 (Statutory Instrument 1993 Number 10)

These give the form that orders made under section 257 should be in, and the form for notices advertising the order. Please also see 5 below.

The Rail Crossing Extinguishment and Diversion Orders, the Public Path Orders and the Definitive Maps and Statements (Amendment) Regulations 1995 (Statutory Instrument 1995 Number 451)

These include amendments to the Town and Country Planning (Public Path Orders) Regulations and the Public Path Orders Regulations 1993.

Circulars

Welsh Office Circular 5/93, Public rights of way

This gives advice on many issues connected with recording, maintaining, protecting and changing the rights of way network.

Welsh Office Circular 23/93, Awards of costs incurred in planning and other (including compulsory purchase order) proceedings

This gives advice on awarding inquiry costs, including cases involving rights of way orders.

Welsh Office letter dated 31 May 1995 (ref CC 2-3-12) Amendment regulations and advice on public path orders

This describes the conditions contained in The Rail Crossing Extinguishment and Diversion Orders, the Public Path Orders and the Definitive Maps and Statements (Amendment) Regulations 1995 (Statutory Instrument 1995/451). It also gives guidance on how the Highways Act 1980 can be used to close a public path and create or divert another path which can be used as an alternative.

Note You can get the publications listed above from S0 bookshops. You can also look at copies in your local libraries or council offices.