Section 4.1 - Legal Event Modification Orders

A Legal Event Modification Order (LEMO) is an event which is used to effect a change on the Definitive Map and Statement, where legal events such as:-

Dedications, Creation Agreements, Creation Orders, Diversion Orders, Extinguishment Orders, Magistrate's Court Orders and Side Roads Orders have impacted on the location and/or particulars of an existing public right of way, or create a new one.

A LEMO is not required for changes made to the Definitive Map and Statement resulting from Modification Orders [WCA81 s53] (Section 4.6 above) or Reclassification Orders [WCA81 s54] (Section 4.5 above).

All necessary consultation and publicity is carried out before the Order (or other legal event) comes into effect. Therefore when a LEMO is made, there is no need for consultation or publication. It is the County Council's intention to make LEMOs within 6 months of an order coming into effect.

1. The Legal Event

Before a LEMO can be made, HCC must have a copy of the legal event.

If the Order is not sealed and confirmed, request a copy of the sealed CONFIRMED Order from the Order Making Authority (OMA).

Do NOT proceed until a sealed confirmed copy is obtained.

2. Has the Order come into effect?

Some Orders or dedications specify that they do not come into effect until a certificate has been issued or until some other criteria have been met (e.g. that another order has been confirmed or some practical works have been carried out).

If the criteria have not been met, according to the file, you will need to contact the OMA (if it's not HCC) and request the relevant information from them (e.g. request a certificate that the Order has come into effect; ask them to confirm in writing that the practical works have been carried out).

Do NOT proceed unless all the criteria (if any) have been met so that the Order has come into effect.

3. File reference

Ensure that the Legal Event has been correctly recorded in the database (HeRoWd).

Create a LEMO record in the database. A file reference will automatically be generated. One LEMO reference can cover as many Legal Events (or Definitive Map files) as are covered by the LEMO.

4. Draft Order

The Order should be drafted according to HCC Guidelines for producing Orders and must also comply with the latest regulations. Currently as at 11/1999 these are 'The Wildlife and Countryside (Definitive Maps and Statements) Regulations 1993' [Statutory Instrument 1993 No.12] as amended by 'The Rail Crossing Extinguishment and Diversion Orders, the Public Path Orders and the Definitive Maps and Statements (Amendment) Regulations 1995' [Statutory Instrument 1995 No.451].

In some cases a site visit may be necessary to ensure that the wording of the statement makes sense.

5. Check Order

The draft order should be checked by another DMO, it should then be sent to the appropriate solicitor for checking. The 'LEMO FOR CHECKING' form should be attached to the front of the draft LEMO alerting the solicitor to any potential problems. A meeting may be necessary to discuss any problems.

LEMO for Checking form

6. Sealing

Once the solicitor has approved the draft order, one copy should be engrossed and sent for sealing. This original should be passed to CSD Registry and a photocopy should be retained by RoW. The Order must not be sealed until an approved draft copy is returned from the solicitors.

7. Filing

A copy of the LEMO should replace the copy of the original Legal Event in the Legal Changes file.

A copy of the LEMO should be placed in its allocated LEMO file.

A copy of the LEMO should be placed in the Box file with the confirmed Order.

Ensure details in the database (HeRoWd) are complete.