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SCHEDULE 2 HIGHWAYS ACT 1980, SECTION 119E

APPLICATION REQUESTING A LOCAL HIGHWAY AUTHORITY TO MAKE AN SSSI DIVERSION ORDER TO DIVERT CERTAIN HIGHWAYS FOR THE PROTECTION OF A SITE OF SPECIAL SCIENTIFIC INTEREST

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Regulation 5

SCHEDULE 3 HIGHWAYS ACT 1980, SECTION 119D

SSSI DIVERSION ORDER TO DIVERT CERTAIN HIGHWAYS TO PROTECT A SITE OF SPECIAL SCIENTIFIC INTEREST

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Regulation 6

SCHEDULE 4

FORM 1 HIGHWAYS ACT 1980, SECTION 119D(10) AND SCHEDULE 6 NOTICE OF MAKING OF SSSI DIVERSION ORDER

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FORM 2 HIGHWAYS ACT 1980, SECTION 119D(10) AND SCHEDULE 6 NOTICE OF CONFIRMATION OF SSSI DIVERSION ORDER

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FORM 3 HIGHWAYS ACT 1980, SECTIONS 119D(10) AND 120(3), AND SCHEDULE 6 NOTICE OF MAKING OF SSSI DIVERSION ORDER BY THE SECRETARY OF STATE

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TABLE

ADDITIONAL PERSONS TO BE SERVED WITH NOTICE OF ORDERS

1. Area 2. Name of Persons
Any area in England.

Auto Cycle Union

British Horse Society

Byways and Bridleways Trust

Cyclists Touring Club

Open Spaces Society

Ramblers Association

Such persons representing conservation interests as the authority, having consulted Natural England, consider likely to have an interest.

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 the districts of Mid Bedfordshire and South Bedfordshire.

Within the county of Buckinghamshire: the districts of Chiltern, Wycombe, South Bucks and Aylesbury Vale.

Within the county of Hertfordshire: the borough of Dacorum and the districts of Three Rivers and North Hertfordshire.

Within the county of Oxfordshire, the district of South Oxfordshire.

Chilterns Society.

Explanatory Note

(This note is not part of the Regulations)

Sections 119D and 119E of the Highways Act 1980, inserted by Schedule 6 to the Countryside and Rights of Way Act 2000, make provision enabling an order (an “SSSI diversion order”) to be made for the diversion of certain highways to prevent significant damage to the special features of a site of special scientific interest.

These Regulations prescribe the forms and notices, and make provision as to the procedure, for SSSI diversion orders as follows—

(a) regulation 3 and Schedule 1 prescribe the form for a notice of intention to apply for an order;

(b) regulation 4 and Schedule 2 prescribe the form of applications for an order, and of the assessment to accompany applications, and make provision as to the scale of the map to accompany applications, and as to other accompanying information;

(c) regulation 5 and Schedule 3 prescribe the form of an order and the scale of a map to accompany it;

(d) regulation 6 and Schedule 4 prescribe the form of notices of making and proposed submission for confirmation, and confirmation, of orders, and prescribe certain additional persons upon whom these notices are to be served;

(e) regulation 7 makes procedural provision as to the making, submission and confirmation of orders; and

(f) regulation 8 prescribes requirements with regard to claims for compensation under section 28 of the Highways Act 1980 for depreciation or disturbance in consequence of an SSSI diversion order and also provides that any such claim shall be served within 6 months of the order concerned coming into force.

A full impact assessment has not been prepared for this instrument as no impact on the private or voluntary sectors is foreseen.