Citation, commencement and application

1. These Regulations—

(a) may be cited as the Dedicated Highways (Registers under Section 31A of the Highways Act 1980) (England) Regulations 2007;

(b) come into force on 1st October 2007; and

(c) apply in relation to England only( 2 ).

Interpretation

2. In these Regulations—

“the Act” means the Highways Act 1980; and

“the register” means the register which the appropriate council is required under section 31A(1) of the Act to keep with respect to maps and statements deposited and declarations lodged under section 31(6) of the Act.

“relevant office” means

Information to be contained in the register

3. —(1) Paragraphs (2) and (3) apply in relation to—

(a) any map and statement deposited; and

(b) any ... declaration lodged,

whether before, on or after 1st October 2007.

(2) The register must contain with respect to each map and statement deposited with the appropriate council pursuant to section 31(6) of the Act—

(a) a copy of the map and any legend accompanying or forming part of the map;

(b) a copy of the statement;

(c) the name and address, including postcode, of the person who deposited the statement and the map;

(d) the date on which the appropriate council received—

(i) the copy of the statement, and

(ii) the copy of the map;

(e) details of the land delineated on the map including—

(i) the Ordnance Survey six-figure grid reference of a point within the area of the land,

(ii) the name of the parish, ward or district in which the land is situated,

(iii) where the appropriate council is the council of a county, the name of the non-metropolitan district within that county in which the land is situated,

(iv) the address and postcode of those buildings on the land to which a postcode has been assigned, and

(v) the name of the town or city which is nearest to the point referred to in paragraph (i).

(3) The register must contain with respect to each ... declaration lodged with the appropriate council pursuant to section 31(6) of the Act—

(a) a copy of the ... declaration;

(b) the name and address, including postcode, of the person who made the ... declaration;

(c) the date on which the twenty-year period within which a subsequent declaration may be lodged expires; and

(d) any unique reference allocated by the appropriate council to the ... declaration.

(4) The register must contain—

(a) the job title of the person in the appropriate council to whom enquiries about the contents of the register can be made;

(b) the email address and telephone number of the appropriate council; and

(c) an index of the contents of the register.

(5) In paragraph (3)(c), "twenty-year period" means the period of twenty years referred to in section 31(6)(b)(i) or (ii) of the Act.

Manner of keeping the register

4. —(1) The register must be kept in both electronic and paper form.

(2) The paper version of the register must be kept at the relevant office of the appropriate council.

(3) The register may be kept in parts so that each part—

(a) relates to land within—

(i) a particular ward or parish, or

(ii) a particular non-metropolitan district, where the appropriate council is the council of a county; and

(b) contains the information referred to in regulation 3 relating to—

(i) each map and statement deposited, and

(ii) each ... declaration lodged,

in respect of such land.

(4) In respect of the electronic version of the register, the appropriate council must—

(a) make the register available for inspection by the public on its website or on a website maintained by the appropriate council for that purpose;

(b) make provision for the register to be inspected at the relevant office of the appropriate council; and

(c) ensure that the register has a search facility which allows, as a minimum, postcode and keyword searches to be made.

(5) The appropriate council must keep the register in such manner as is suitable to enable a copy of any of the particulars contained on the register to be taken by or for any person who requests a copy in person at the relevant office of the appropriate council.

Removal of entries from the register

5. —(1) The appropriate council may remove an entry from the register, or any part of it, if the appropriate council is satisfied that the map, statement or ... declaration in question contains a material error.

(2) Before removing an entry from the register, the appropriate council must give not less than 28 days’ notice of its intention to do so to the owner of the land to which the map, statement or ... declaration relates.