Countryside and Rights of Way Act 2000

Whatever the time of year, section 2(1) does not entitle a person to be on any land if he takes, or allows to enter or remain, any dog which is not on a short lead and which is in the vicinity of livestock.

6

In paragraphs 4 and 5, “short lead” means a lead of fixed length and of not more than two metres.

Removal or relaxation of restrictions

7

• (1) The relevant authority may by direction, with the consent of the owner of any land, remove or relax any of the restrictions imposed by paragraphs 1, 4 and 5 in relation to that land, either indefinitely or during a specified period.

• (2) In sub-paragraph (1), the reference to a specified period includes references—

• (a) to a specified period in every calendar year, or

• (b) to a period which is to be determined by the owner of the land in accordance with the direction and notified by him to the relevant authority in accordance with regulations.

• (3) Regulations may make provision as to—

• (a) the giving or revocation of directions under this paragraph,

• (b) the variation of any direction given under this paragraph by a subsequent direction so given,

• (c) the giving or revocation of consent for the purposes of sub-paragraph (1), and

• (d) the steps to be taken by the relevant authority or the owner for informing the public about any direction under this paragraph or its revocation.

• (4) In this paragraph—

• “the relevant authority” has the meaning given by section 21;

• “owner”, in relation to any land which is subject to a farm business tenancy within the meaning of the Agricultural Tenancies Act 1995 or a tenancy to which the Agricultural Holdings Act 1986 applies, means the tenant under that tenancy.

Dedicated land

8

In relation to land to which a dedication under section 16 relates (whether or not it would be access land apart from the dedication), the provisions of this Schedule have effect subject to the terms of the dedication.

SCHEDULE 3

Interpretation

1

In this Schedule—

• “appointed person” means a person appointed under section 8(1)(a);

• “the appointing authority” means—the Secretary of State, in relation to an appointment made by him, orthe National Assembly for Wales, in relation to an appointment made by it;

• “appointment”, in the case of any appointed person, means appointment under section 8(1)(a).

Appointments

2

An appointment under section 8(1)(a) must be in writing and—

• (a) may relate to any particular appeal or matter specified in the appointment or to appeals or matters of a description so specified,

• (b) may provide for any function to which it relates to be exercisable by the appointed person either unconditionally or subject to the fulfilment of such conditions as may be specified in the appointment, and

• (c) may, by notice in writing given to the appointed person, be revoked at any time by the appointing authority in respect of any appeal or matter which has not been determined by the appointed person before that time.

Powers of appointed person

3

Subject to the provisions of this Schedule, an appointed person shall, in relation to any appeal or matter to which his appointment relates, have the same powers and duties as the appointing authority, other than—

• (a) any function of making regulations;

• (b) any function of holding an inquiry or other hearing or of causing an inquiry or other hearing to be held; or

• (c) any function of appointing a person for the purpose—

• (i) of enabling persons to appear before and be heard by the person so appointed; or

• (ii) of referring any question or matter to that person.

Holding of local inquiries and other hearings by appointed persons

4

• (1) If either of the parties to an appeal or matter expresses a wish to appear before and be heard by the appointed person, the appointed person shall give both of them an opportunity of appearing and being heard.

• (2) Whether or not a party to an appeal or matter has asked for an opportunity to appear and be heard, the appointed person—

• (a) may hold a local inquiry or other hearing in connection with the appeal or matter, and

• (b) shall, if the appointing authority so directs, hold a local inquiry in connection with the appeal or matter.

• (3) Where an appointed person holds a local inquiry or other hearing by virtue of this Schedule, an assessor may be appointed by the appointing authority to sit with the appointed person at the inquiry or hearing and advise him on any matters arising, notwithstanding that the appointed person is to determine the appeal or matter.

• (4) Subject to paragraph 5, the costs of a local inquiry held under this Schedule shall be defrayed by the appointing authority.

Local inquiries under this Schedule: evidence and costs

5

Subsections (2) to (5) of section 250 of the Local Government Act 1972 (local inquiries: evidence and costs) shall apply to local inquiries or other hearings held under this Schedule by an appointed person as they apply to inquiries caused to be held under that section by a Minister, but as if—

• (a) in subsection (2) (evidence) the reference to the person appointed to hold the inquiry were a reference to the appointed person,

• (b) in subsection (4) (recovery of costs of holding the inquiry)—

• (i) references to the Minister causing the inquiry to be held were references to the appointing authority, and

• (ii) references to a local authority included references to the appropriate countryside body, and

• (c) in subsection (5) (orders as to the costs of the parties) the reference to the Minister causing the inquiry to be held were a reference to the appointed person or the appointing authority.

Revocation of appointments and making of new appointments

6

• (1) Where under paragraph 2(c) the appointment of the appointed person is revoked in respect of any appeal or matter, the appointing authority shall, unless he proposes to determine the appeal or matter himself, appoint another person under section 8(1)(a) to determine the appeal or matter instead.

• (2) Where such a new appointment is made, the consideration of the appeal or matter, or any hearing in connection with it, shall be begun afresh.

• (3) Nothing in sub-paragraph (2) shall require any person to be given an opportunity of making fresh representations or modifying or withdrawing any representations already made.

Certain acts and omissions of appointed person to be treated as those of appointing authority

7

• (1) Anything done or omitted to be done by an appointed person in, or in connection with, the exercise or purported exercise of any function to which the appointment relates shall be treated for all purposes as done or omitted to be done by the appointing authority.

• (2) Sub-paragraph (1) does not apply—

• (a) for the purposes of so much of any contract made between the appointing authority and the appointed person as relates to the exercise of the function, or

• (b) for the purposes of any criminal proceedings brought in respect of anything done or omitted to be done as mentioned in that sub-paragraph.

SCHEDULE 4

Law of Property Act 1925 (c. 20)

1

In section 193(1) of the Law of Property Act 1925 (rights of public over commons and waste lands), in paragraph (b) of the proviso, after “injuriously affected,” there is inserted “ for conserving flora, fauna or geological or physiographical features of the land, ”.

Forestry Act 1967 (c. 10)

2

In section 9 of the Forestry Act 1967 (requirement of licence for felling), in the definition of “public open space” in subsection (6), after “1949” there is inserted “ or Part I of the Countryside and Rights of Way Act 2000) ”.

Agriculture Act 1967 (c. 52)

3

In section 52 of the Agriculture Act 1967 (control of afforestation), in the definition of “public open space” in subsection (15), after “1949” there is inserted “ or Part I of the Countryside and Rights of Way Act 2000) ”.

Countryside Act 1968 (c. 41)

4

In section 2(6) of the Countryside Act 1968 (Countryside Agency and Countryside Council for Wales to make recommendations to public bodies in relation to byelaws) for “and the Act of 1949” there is substituted “ , the Act of 1949 and Part I of the Countryside and Rights of Way Act 2000 ”.

Local Government Act 1974 (c. 7)

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Wildlife and Countryside Act 1981 (c. 69)

6

In paragraph 13(1) of Schedule 13 to the Wildlife and Countryside Act 1981 (Countryside Agency’s annual report on the discharge of their functions) after “1968 Act” there is inserted “ , the Countryside and Rights of Way Act 2000 ”.

SCHEDULE 5

Part I — Amendments of Part III of Wildlife and Countryside Act 1981

1

• (1) Section 53 of the 1981 Act is amended as follows.

• (2) In subsection (1) (meaning of “definitive map and statement”) after “subject to section 57(3)” there is inserted “ and 57A(1) ”.

• (3) In subsection (3)(a)(iii), after “public path” there is inserted “ or a restricted byway ”.

• (4) In subsection (3)(c)(i) for “a right of way to which this Part applies” there is substituted “ a right of way such that the land over which the right subsists is a public path or, subject to section 54A, a byway open to all traffic ”.

• (5) In subsection (4), after “public path” there is inserted “ , restricted byway ”.

• (6) After subsection (4) there is inserted—

(4A) Subsection (4B) applies to evidence which, when considered with all other relevant evidence available to the surveying authority, shows as respects a way shown in a definitive map and statement as a restricted byway that the public have, and had immediately before the commencement of section 47 of the Countryside and Rights of Way Act 2000, a right of way for vehicular and all other kinds of traffic over that way. (4B) For the purposes of subsection (3)(c)(ii), such evidence is evidence which, when so considered, shows that the way concerned ought, subject to section 54A, to be shown in the definitive map and statement as a byway open to all traffic.

• (7) After subsection (5) there is inserted—

(5A) Evidence to which subsection (4B) applies on the commencement of section 47 of the Countryside and Rights of Way Act 2000 shall for the purposes of subsection (5) and any application made under it be treated as not having been discovered by the surveying authority before the commencement of that section.

2

After section 53 of that Act there is inserted—

(53A) (1) This section applies to any order— (a) which is of a description prescribed by regulations made by the Secretary of State, (b) whose coming into operation would, as regards any definitive map and statement, be an event within section 53(3)(a), (c) which is made by the surveying authority, and (d) which does not affect land outside the authority’s area. (2) The authority may include in the order such provision as it would be required to make under section 53(2)(b) in consequence of the coming into operation of the other provisions of the order. (3) An authority which has included any provision in an order by virtue of subsection (2)— (a) may at any time before the order comes into operation, and (b) shall, if the order becomes subject to special parliamentary procedure, withdraw the order and substitute for it an order otherwise identical but omitting any provision so included. (4) Anything done for the purposes of any enactment in relation to an order withdrawn under subsection (3) shall be treated for those purposes as done in relation to the substituted order. (5) No requirement for the confirmation of an order applies to provisions included in the order by virtue of subsection (2), but any power to modify an order includes power to make consequential modifications to any provision so included. (6) Provisions included in an order by virtue of subsection (2) shall take effect on the date specified under section 56(3A) as the relevant date. (7) Where any enactment provides for questioning the validity of an order on any grounds, the validity of any provision included by virtue of subsection (2) may be questioned in the same way on the grounds— (a) that it is not within the powers of this Part, or (b) that any requirement of this Part or of regulations made under it has not been complied with. (8) Subject to subsections (5) to (7), the Secretary of State may by regulations provide that any procedural requirement as to the making or coming into operation of an order to which this section applies shall not apply, or shall apply with modifications prescribed by the regulations, to so much of the order as contains provision included by virtue of subsection (2). (9) Regulations under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament. (53B) (1) Every surveying authority shall keep, in such manner as may be prescribed, a register containing such information as may be prescribed with respect to applications under section 53(5). (2) The register shall contain such information as may be prescribed with respect to the manner in which such applications have been dealt with. (3) Regulations may make provision for the register to be kept in two or more parts, each part containing such information relating to applications under section 53(5) as may be prescribed. (4) Regulations may make provision— (a) for a specified part of the register to contain copies of applications and of the maps submitted with them, and (b) for the entry relating to any application, and everything relating to it, to be removed from any part of the register when— (i) the application (including any appeal to the Secretary of State) has been finally disposed of, and (ii) if an order is made, a decision has been made to confirm or not to confirm the order, (without prejudice to the inclusion of any different entry relating to it in another part of the register). (5) Every register kept under this section shall be available for inspection free of charge at all reasonable hours. (6) In this section— - “prescribed” means prescribed by regulations; - “regulations” means regulations made by the Secretary of State by statutory instrument; and a statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

3

• (1) Until the coming into force of section 47(1) of this Act, section 54 of the 1981 Act (duty to reclassify roads used as public paths) has effect as follows.

• (2) In subsection (2)—

• (a) for the words from the beginning to “by” there is substituted “ Where the particulars relating to any road used as a public path have been reviewed under subsection (1)(a), the definitive map and statement shall be modified so as to show that way by ”, and

• (b) the words from “and shall not” to the end are omitted.

• (3) In subsection (3), for the words “A road used as a public path” there is substituted “ Such a way ”.

• (4) After subsection (5) there is inserted—

(5A) No order under this Part modifying a definitive map and statement, and no provision included by virtue of section 53A(2) in any order, shall use the expression “road used as a public path” to describe any way not already shown as such in the map and statement.

4

After section 54 of that Act there is inserted—

(54A) (1) No order under this Part shall, after the cut-off date, modify a definitive map and statement so as to show as a byway open to all traffic any way in England not shown in the map and statement as a highway of any description. (2) In this section “the cut-off date” means, subject to regulations under subsection (3), 1st January 2026. (3) The Secretary of State may make regulations— (a) substituting as the cut-off date a date later than the date specified in subsection (2) or for the time being substituted under this paragraph; (b) containing such transitional provisions or savings as appear to the Secretary of State to be necessary or expedient in connection with the operation of subsection (1), including in particular its operation in relation to— (i) an order under section 53(2) for which on the cut-off date an application is pending, (ii) an order under this Part which on that date has been made but not confirmed, (iii) an order under section 55 made after that date, or (iv) an order under this Part relating to any way as respects which such an order, or any provision of such an order, has after that date been to any extent quashed. (4) Regulations under subsection (3)(a)— (a) may specify different dates for different areas; but (b) may not specify a date later than 1st January 2031, except as respects an area within subsection (5). (5) An area is within this subsection if it is in— (a) the Isles of Scilly, or (b) an area which, at any time before the repeal by section 73 of this Act of sections 27 to 34 of the 1949 Act— (i) was excluded from the operation of those sections by virtue of any provision of the 1949 Act, or (ii) would have been so excluded but for a resolution having effect under section 35(2) of that Act. (6) Where by virtue of regulations under subsection (3) there are different cut-off dates for areas into which different parts of any way extend, the cut-off date in relation to that way is the later or latest of those dates. (7) Where it appears to the Secretary of State that any provision of this Part can by virtue of subsection (1) have no further application he may by order make such amendments or repeals in this Part as appear to him to be, in consequence, necessary or expedient. (8) An order or regulations under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

5

In section 55 of that Act (no further surveys or reviews under the National Parks and Access to the Countryside Act 1949), after subsection (6) there is inserted—

(7) Every way which— (a) in pursuance of an order under subsection (5) is shown in a definitive map and statement as a byway open to all traffic, a bridleway or a footpath, and (b) before the making of the order, was shown in the map and statement under review as a road used as a public path, shall be a highway maintainable at the public expense. (8) Subsection (7) does not oblige a highway authority to provide, on a way shown in a definitive map and statement as a byway open to all traffic, a metalled carriage-way or a carriage-way which is by any other means provided with a surface suitable for the passage of vehicles.

6

• (1) Section 56 of that Act (effect of definitive map and statement) is amended as follows.

• (2) In subsection (1)(d)—

• (a) for “road used as a public path” there is substituted “ restricted byway ”,

• (b) after “the map shall” there is inserted “ , subject to subsection (2A), ”, and

• (c) after “leading a horse” there is inserted “ together with a right of way for vehicles other than mechanically propelled vehicles ”.

• (3) After subsection (1) there is inserted—

(1A) In subsection (1)(d) “mechanically propelled vehicle” does not include an electrically assisted pedal cycle of a class prescribed for the purposes of section 189(1)(c) of the Road Traffic Act 1988.

• (4) In subsection (2)—

• (a) in paragraph (a)—

• (i) after “this Part” there is inserted “ or an order to which section 53A applies which includes provision made by virtue of subsection (2) of that section ”, and

• (ii) after “means” there is inserted “ , subject to subsection (2A), ” and

• (b) in paragraph (b), after “(3)” there is inserted “ or (3A) ”.

• (5) After that subsection there is inserted—

(2A) In the case of a map prepared before the date of the coming into force of section 47 of the Countryside and Rights of Way Act 2000— (a) subsection (1)(d) and (e) have effect subject to the operation of any enactment or instrument, and to any other event, whereby a way shown on the map as a restricted byway has, on or before that date— (i) been authorised to be stopped up, diverted or widened, or (ii) become a public path, and (b) subsection (2)(a) has effect in relation to any way so shown with the substitution of that date for the date mentioned there.

• (6) After subsection (3) there is inserted—

(3A) Every order to which section 53A applies which includes provision made by virtue of subsection (2) of that section shall specify, as the relevant date for the purposes of the order, such date as the authority may in accordance with regulations made by the Secretary of State determine.

• (7) After subsection (4) there is inserted—

(4A) Regulations under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

• (8) Subsection (5) is omitted.

7

• (1) Section 57 of that Act (supplementary provisions as to definitive maps and statements) is amended as follows.

• (2) In subsection (1), the words “on such scale as may be so prescribed,” are omitted.

• (3) In subsection (2), for “section 55(3)” there is substituted “ subsection (1) or any other provision of this Part ”.

• (4) In subsection (3) after “for the purposes of the foregoing provisions of this Part” there is inserted “ , and for the purposes of section 57A(1), ”.

• (5) After that subsection there is inserted—

(3A) Where as respects any definitive map and statement the requirements of section 53(2), and of section 55 so far as it applies, have been complied with, the map and statement are to be regarded for the purposes of subsection (3) as having been modified in accordance with the foregoing provisions of this Part whether or not, as respects the map and statement, the requirements of section 54 have been complied with.

• (6) After subsection (6) there is inserted—

(6A) In subsection (1), the reference to an order under the foregoing provisions of this Part includes a reference to so much of an order to which section 53A applies as contains provision made by virtue of subsection (2) of that section; and subsections (5) and (6) apply to— (a) orders to which section 53A applies modifying the map and statement, and (b) such documents relating to them as may be prescribed by regulations made by the Secretary of State, as those subsections apply to orders under this Part modifying the map and statement. (6B) Regulations under paragraph (b) of subsection (6A) may require any document to be prepared by a surveying authority for the purposes of that paragraph, and any such document shall be in such form as may be prescribed by the regulations. (6C) Regulations made by the Secretary of State may require any surveying authority— (a) to keep such other documents as may be prescribed by the regulations available for inspection at such times and places and in such manner as may be so prescribed, or (b) to provide to any other surveying authority any document so prescribed which that authority is, by regulations under paragraph (a), required to keep available for inspection.

8

After section 57 of that Act there is inserted—

(57A) (1) Where— (a) different definitive maps and statements relate to different parts of a surveying authority’s area, (b) as respects so much of each definitive map and statement as relates to that area the requirements of section 53(2), and of section 55 so far as it applies, have been complied with, and (c) there is no part of that area to which no definitive map and statement relate, the authority may, if it appears to them expedient to do so, prepare a map and statement comprising copies of so much of each definitive map and statement as relates to the authority’s area; and where they do so the map and statement so prepared and not, so far as copied, the earlier maps and statements shall be regarded for the purposes of sections 53 to 56 and 57(2) and (3) as the definitive map and statement for the area to which they relate. (2) The power conferred by subsection (1) is not exercisable by a surveying authority if the definitive map and statement relating to any part of the authority’s area is a map and statement in respect of which a review under section 33 of the 1949 Act was begun before the commencement date but has been neither abandoned in pursuance of a direction under section 55(1) nor completed. (3) References in subsection (1) to a definitive map and statement are, in the case of a map and statement modified in accordance with any of the foregoing provisions of this Part, references to the map and statement as modified. (4) The statement prepared under subsection (1) shall specify, as the relevant date for the purposes of the map, such date, not being earlier than six months before the preparation of the map and statement, as the authority may determine. (5) Every surveying authority shall take such steps as they consider expedient for bringing to the attention of the public the preparation by them of any map and statement under subsection (1).

9

In section 66(1) of that Act (interpretation of Part III) after the definition of “public path” there is inserted—

“restricted byway” has the same meaning as in Part II of the Countryside and Rights of Way Act 2000;

.

10

In Schedule 14 to that Act (applications for certain orders under Part III), in paragraph 4(2) at the end there is inserted “ (which may include a direction as to the time within which an order is to be made) ”

11

• (1) Schedule 15 to that Act (procedure in connection with certain orders) is amended as follows.

• (2) In paragraph 3, in sub-paragraph (1)(c) after “order” there is inserted “ , which must include particulars of the grounds relied on, ”.

• (3) In sub-paragraph (9) of that paragraph—

• (a) after “sub-paragraph” there is inserted “ (1)(c) or ”, and

• (b) after “limiting” there is inserted “ the grounds which may be relied on or ”.

• (4) In paragraph 7, in sub-paragraph (2) after “shall” there is inserted “ , subject to sub-paragraph (2A), ”.

• (5) After sub-paragraph (2) of that paragraph there is inserted—

(2A) The Secretary of State may, but need not, act as mentioned in sub-paragraph (2)(a) or (b) if, in his opinion, no representation or objection which has been duly made and not withdrawn relates to an issue which would be relevant in determining whether or not to confirm the order, either with or without modifications.

• (6) In sub-paragraph (3) of that paragraph, for “the person appointed to hold the inquiry” there is substituted “ any person appointed to hold an inquiry ”.

• (7) In paragraph 8—

• (a) in sub-paragraph (2)(a) after “the proposal” there is inserted “ , which must include particulars of the grounds relied on, ”,

• (b) for sub-paragraph (2)(b) and (c) there is substituted—

(b) if any representation or objection duly made is not withdrawn (but subject to sub-paragraph (3)), hold a local inquiry or afford any person by whom any such representation or objection has been made an opportunity of being heard by a person appointed by the Secretary of State for the purpose; and (c) consider the report of any person appointed to hold an inquiry or to hear representations or objections. (3) The Secretary of State may, but need not, act as mentioned in sub-paragraph (2)(b) if, in his opinion, no representation or objection which has been duly made and not withdrawn relates to an issue which would be relevant in determining whether or not to confirm the order in accordance with his proposal. (4) Sub-paragraph (2)(a) shall not be construed as limiting the grounds which may be relied on at any local inquiry or hearing held under this paragraph.

• (8) Paragraph 9 is omitted and after paragraph 10 there is inserted—

(10A) (1) Subject to sub-paragraph (2), subsections (2) to (5) of section 250 of the Local Government Act 1972 (giving of evidence at, and defraying of costs of, inquiries) shall apply in relation to any hearing or local inquiry held under paragraph 7 or 8 as they apply in relation to a local inquiry which a Minister causes to be held under subsection (1) of that section. (2) In its application to a hearing or inquiry held under paragraph 7 or 8 by a person appointed under paragraph 10(1), subsection (5) of that section shall have effect as if the reference to the Minister causing the inquiry to be held were a reference to the person so appointed or the Secretary of State. (3) Section 322A of the Town and Country Planning Act 1990 (orders as to costs where no hearing or inquiry takes place) shall apply in relation to a hearing or local inquiry under paragraph 7 or 8 as it applies in relation to a hearing or local inquiry for the purposes referred to in that section.

Part II — Amendments of other Acts

National Parks and Access to the Countryside Act 1949 (c. 97)

12

• (1) Section 51 of the National Parks and Access to the Countryside Act 1949 (general provisions as to long-distance routes) is amended as follows.

• (2) In subsection (2)(a), for the words from “any public path” to the end there is substituted “ any highway along which the route passes and which is a public path, a restricted byway or a way shown in a definitive map and statement as a restricted byway or byway open to all traffic; ”.

• (3) In subsection (5), for the words from “existing public paths” to “route passes” there is substituted “ existing highways falling within paragraph (a) of that subsection ”.

• (4) After that subsection there is inserted—

(6) In this section— - “definitive map and statement” has the same meaning as in Part III of the Wildlife and Countryside Act 1981; and - “restricted byway” has the same meaning as in Part II of the Countryside and Rights of Way Act 2000.

13

• (1) Section 57 of that Act (penalty for displaying on footpaths notices deterring public use) is amended as follows.

• (2) In subsection (1), for “road used as a public path” there is substituted “ restricted byway ”.

• (3) In subsection (3), for “or road used as a public path” there is substituted “ restricted byway or byway open to all traffic ”.

• (4) After that subsection there is inserted—

(4) In this section— - “byway open to all traffic” has the same meaning as in Part III of the Wildlife and Countryside Act 1981; - “restricted byway” has the same meaning as in Part II of the Countryside and Rights of Way Act 2000.

Countryside Act 1968 (c. 41)

14

In section 41(11) of the Countryside Act 1968 (power to make byelaws and related provision about wardens)—

• (a) for “road used as a public path” there is substituted “ restricted byway ”, and

• (b) after “27(6) of the Act of 1949” there is inserted “ and section 48(4) of the Countryside and Rights of Way Act 2000 ”.

Highways Act 1980 (c. 66)

15

In section 116 of the 1980 Act (power of magistrates’ court to authorise stopping up or diversion of highway) in subsection (4), for “or bridleway” there is substituted “ , bridleway or restricted byway ”.

16

In section 329 of the 1980 Act (interpretation)—

• (a) in subsection (1) after the definition of “reconstruction” there is inserted—

“restricted byway” has the same meaning as in Part II of the Countryside and Rights of Way Act 2000;

,

• (b) in subsection (2) for “either “bridleway” or “footpath”” there is substituted “ “bridleway”, “footpath” or “restricted byway” ”.

Criminal Justice and Public Order Act 1994 (c. 33)

17

In section 61 of the Criminal Justice and Public Order Act 1994 (power to remove trespassers on land), in paragraph (b)(i) of the definition of “land” in subsection (9) for the words from “it falls” to “public path)” there is substituted “ it is a footpath, bridleway or byway open to all traffic within the meaning of Part III of the Wildlife and Countryside Act 1981, is a restricted byway within the meaning of Part II of the Countryside and Rights of Way Act 2000 ”.

SCHEDULE 6

Part I — Amendments of Highways Act 1980

1

In section 26 of the 1980 Act (compulsory powers for creation of footpaths and bridleways) after subsection (3) there is inserted—

(3A) The considerations to which— (a) the Secretary of State is to have regard in determining whether or not to confirm or make a public path creation order, and (b) a local authority are to have regard in determining whether or not to confirm such an order as an unopposed order, include any material provision of a rights of way improvement plan prepared by any local highway authority whose area includes land over which the proposed footpath or bridleway would be created.

2

For section 29 of the 1980 Act there is substituted—

(29) (1) In the exercise of their functions under this Part of this Act relating to the making of public path creation agreements and public path creation orders it shall be the duty of councils to have due regard to— (a) the needs of agriculture and forestry, and (b) the desirability of conserving flora, fauna and geological and physiographical features. (2) In this section, “agriculture” includes the breeding or keeping of horses.

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

After section 31 of the 1980 Act there is inserted—

(31A) (1) The appropriate council shall keep, in such manner as may be prescribed, a register containing such information as may be prescribed with respect to maps and statements deposited and declarations lodged with that council under section 31(6) above. (2) Regulations may make provision for the register to be kept in two or more parts, each part containing such information as may be prescribed with respect to such maps, statements and declarations. (3) Regulations may make provision as to circumstances in which an entry relating to a map, statement or declaration, or anything relating to it, is to be removed from the register or from any part of it. (4) Every register kept under this section shall be available for inspection free of charge at all reasonable hours. (5) In this section— - “appropriate council” has the same meaning as in section 31(6) above; - “prescribed” means prescribed by regulations; - “regulations” means regulations made by the Secretary of State.

5

In section 36 of the 1980 Act (highways maintainable at public expense) in subsection (2), after paragraph (e) there is inserted—

(f) a highway, being a footpath, a bridleway, a restricted byway or a way over which the public have a right of way for vehicular and all other kinds of traffic, created in consequence of a special diversion order or an SSSI diversion order.

6

In section 118 of the 1980 Act (stopping up of footpaths and bridleways) after subsection (6) there is inserted—

(6A) The considerations to which— (a) the Secretary of State is to have regard in determining whether or not to confirm a public path extinguishment order, and (b) a council are to have regard in determining whether or not to confirm such an order as an unopposed order, include any material provision of a rights of way improvement plan prepared by any local highway authority whose area includes land over which the order would extinguish a public right of way.

7

After section 118 of the 1980 Act there is inserted—

(118ZA) (1) The owner, lessee or occupier of any land used for agriculture, forestry or the breeding or keeping of horses may apply to a council for the area in which the land is situated for the making of a public path extinguishment order in relation to any footpath or bridleway which crosses the land. (2) An application under this section shall be in such form as may be prescribed and shall be accompanied by a map, on such scale as may be prescribed, showing the land over which it is proposed that the public right of way should be extinguished, and by such other information as may be prescribed. (3) Regulations may provide— (a) that a prescribed charge is payable on the making of an application under this section, and (b) that further prescribed charges are payable by the applicant if the council make a public path extinguishment order on the application. (4) An application under this section is not to be taken to be received by the council until the requirements of regulations under section 121A below have been satisfied in relation to it. (5) A council which receives an application under this section shall determine the application as soon as reasonably practicable. (6) Before determining to make a public path extinguishment order on an application under this section, the council may require the applicant to enter into an agreement with them to defray, or to make such contribution as may be specified in the agreement towards, any compensation which may become payable under section 28 above as applied by section 121(2) below. (7) Where— (a) an application under this section has been made to a council, and (b) the council have not determined the application within four months of receiving it, the Secretary of State may, at the request of the applicant and after consulting the council, by direction require the council to determine the application before the end of such period as may be specified in the direction. (8) As soon as practicable after determining an application under this section, the council shall— (a) give to the applicant notice in writing of their decision and the reasons for it, and (b) give a copy of the notice to such other persons as may be prescribed. (9) The council to whom an application under this section has been made may make a public path extinguishment order on the application only if the land over which the public right of way is to be extinguished by the order is that shown for the purposes of subsection (2) above on the map accompanying the application. (10) Any reference in this Act to the map accompanying an application under this section includes a reference to any revised map submitted by the applicant in prescribed circumstances in substitution for that map. (11) This section has effect subject to the provisions of sections 121A and 121C below. (12) In this section— - “prescribed” means prescribed by regulations; - “regulations” means regulations made by the Secretary of State.

8

After section 118A of the 1980 Act there is inserted—

(118B) (1) This section applies where it appears to a council— (a) that, as respects any relevant highway for which they are the highway authority and which is in an area designated by the Secretary of State by order for the purposes of this section, the conditions in subsection (3) below are satisfied and it is expedient, for the purpose of preventing or reducing crime which would otherwise disrupt the life of the community, that the highway should be stopped up, or (b) that, as respects any relevant highway for which they are the highway authority and which crosses land occupied for the purposes of a school, it is expedient, for the purpose of protecting the pupils or staff from— (i) violence or the threat of violence, (ii) harassment, (iii) alarm or distress arising from unlawful activity, or (iv) any other risk to their health or safety arising from such activity, that the highway should be stopped up. (2) In subsection (1) above “relevant highway” means— (a) any footpath, bridleway or restricted byway, (b) any highway which is shown in a definitive map and statement as a footpath, a bridleway, or a restricted byway, but over which the public have a right of way for vehicular and all other kinds of traffic, or (c) any highway which is shown in a definitive map and statement as a byway open to all traffic, but does not include a highway that is a trunk road or a special road. (3) The conditions referred to in subsection (1)(a) above are— (a) that premises adjoining or adjacent to the highway are affected by high levels of crime, and (b) that the existence of the highway is facilitating the persistent commission of criminal offences. (4) Where this section applies, the council may by order made by them and submitted to and confirmed by the Secretary of State, or confirmed as an unopposed order, extinguish the public right of way over the highway. (5) An order under subsection (4) above is in this Act referred to as a “special extinguishment order”. (6) Before making a special extinguishment order, the council shall consult the police authority for the area in which the highway lies. (7) The Secretary of State shall not confirm a special extinguishment order made by virtue of subsection (1)(a) above, and a council shall not confirm such an order as an unopposed order, unless he or, as the case may be, they are satisfied that the conditions in subsection (3) above are satisfied, that the stopping up of the highway is expedient as mentioned in subsection (1)(a) above and that it is expedient to confirm the order having regard to all the circumstances, and in particular to— (a) whether and, if so, to what extent the order is consistent with any strategy for the reduction of crime and disorder prepared under section 6 of the Crime and Disorder Act 1998, (b) the availability of a reasonably convenient alternative route or, if no reasonably convenient alternative route is available, whether it would be reasonably practicable to divert the highway under section 119B below rather than stopping it up, and (c) the effect which the extinguishment of the right of way would have as respects land served by the highway, account being taken of the provisions as to compensation contained in section 28 above as applied by section 121(2) below. (8) The Secretary of State shall not confirm a special extinguishment order made by virtue of subsection (1)(b) above, and a council shall not confirm such an order as an unopposed order unless he or, as the case may be, they are satisfied that the stopping up of the highway is expedient as mentioned in subsection (1)(b) above and that it is expedient to confirm the order having regard to all the circumstances, and in particular to— (a) any other measures that have been or could be taken for improving or maintaining the security of the school, (b) whether it is likely that the coming into operation of the order will result in a substantial improvement in that security, (c) the availability of a reasonably convenient alternative route or, if no reasonably convenient alternative route is available, whether it would be reasonably practicable to divert the highway under section 119B below rather than stopping it up, and (d) the effect which the extinguishment of the right of way would have as respects land served by the highway, account being taken of the provisions as to compensation contained in section 28 above as applied by section 121(2) below. (9) A special extinguishment order shall be in such form as may be prescribed by regulations made by the Secretary of State and shall contain a map, on such scale as may be prescribed, defining the land over which the public right of way is thereby extinguished. (10) Schedule 6 to this Act has effect as to the making, confirmation, validity and date of operation of special extinguishment orders. (118C) (1) The proprietor of a school may apply to a council for the making by virtue of section 118B(1)(b) above of a special extinguishment order in relation to any highway for which the council are the highway authority and which— (a) crosses land occupied for the purposes of the school, and (b) is a relevant highway as defined by section 118B(2) above. (2) Subsections (2) to (11) of section 118ZA above shall apply to applications under this section as they apply to applications under that section, with the substitution for references to a public path extinguishment order of references to a special extinguishment order; and regulations made under that section by virtue of this subsection may make different provision for the purposes of this section and for the purposes of that section.

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9

• (1) Section 119 of the 1980 Act (diversion of footpaths and bridleways) is amended as follows.

• (2) In subsection (1)(b), for “so specified” there is substituted “ specified in the order or determined ”.

• (3) For subsection (3), there is substituted—

(3) Where it appears to the council that work requires to be done to bring the new site of the footpath or bridleway into a fit condition for use by the public, the council shall— (a) specify a date under subsection (1)(a) above, and (b) provide that so much of the order as extinguishes (in accordance with subsection (1)(b) above) a public right of way is not to come into force until the local highway authority for the new path or way certify that the work has been carried out.

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• (4) In subsection (5)—

• (a) after “diversion order” there is inserted “ on an application under section 119ZA below or ”, and

• (b) for “him” there is substituted “ the person who made the application or representations ”.

• (5) After subsection (6) there is inserted—

(6A) The considerations to which— (a) the Secretary of State is to have regard in determining whether or not to confirm a public path diversion order, and (b) a council are to have regard in determining whether or not to confirm such an order as an unopposed order, include any material provision of a rights of way improvement plan prepared by any local highway authority whose area includes land over which the order would create or extinguish a public right of way.

10

After section 119 of the 1980 Act there is inserted—

(119ZA) (1) Subject to subsection (2) below, the owner, lessee or occupier of any land used for agriculture, forestry or the breeding or keeping of horses may apply to a council for the area in which the land is situated for the making of a public path diversion order in relation to any footpath or bridleway which crosses the land, on the ground that in his interests it is expedient that the order should be made. (2) No application may be made under this section for an order which would create a new footpath or bridleway communicating with— (a) a classified road, (b) a special road, (c) a GLA road, or (d) any highway not falling within paragraph (a) or (b) above for which the Minister is the highway authority, unless the application is made with the consent of the highway authority for the way falling within paragraph (a), (b), (c) or (d) above. (3) No application under this section may propose the creation of a new right of way over land covered by works used by any statutory undertakers for the purposes of their undertaking or the curtilage of such land, unless the application is made with the consent of the statutory undertakers; and in this subsection “statutory undertaker” and “statutory undertaking” have the same meaning as in Schedule 6 to this Act. (4) An application under this section shall be in such form as may be prescribed and shall be accompanied by a map, on such scale as may be prescribed— (a) showing the existing site of so much of the line of the path or way as it is proposed to divert and the new site to which it is proposed to be diverted, (b) indicating whether it is proposed to create a new right of way over the whole of the new site or whether some of it is already comprised in a footpath or bridleway, and (c) where some part of the new site is already so comprised, defining that part, and by such other information as may be prescribed. (5) Regulations may provide— (a) that a prescribed charge is payable on the making of an application under this section, and (b) that further prescribed charges are payable by the applicant if the council make a public path diversion order on the application. (6) An application under this section is not to be taken to be received by the council until the requirements of regulations under section 121A below have been satisfied in relation to it. (7) A council which receives an application under this section shall determine the application as soon as reasonably practicable. (8) Where— (a) an application under this section has been made to a council, and (b) the council have not determined the application within four months of receiving it, the Secretary of State may, at the request of the applicant and after consulting the council, by direction require the council to determine the application before the end of such period as may be specified in the direction. (9) As soon as practicable after determining an application under this section, the council shall— (a) give to the applicant notice in writing of their decision and the reasons for it, and (b) give a copy of the notice to such other persons as may be prescribed. (10) The council to whom an application under this section has been made may make a public path diversion order on the application only if— (a) the land over which the public right of way is to be extinguished by the order, and (b) the new site to which the path or way is to be diverted, are those shown for the purposes of subsection (4) above on the map accompanying the application. (11) Any reference in this Act to the map accompanying an application under this section includes a reference to any revised map submitted by the applicant in prescribed circumstances in substitution for that map. (12) This section has effect subject to the provisions of sections 121A and 121C below. (13) In this section— - “prescribed” means prescribed by regulations; - “regulations” means regulations made by the Secretary of State.

11

• (1) Section 119A (diversion of footpaths and bridleways crossing railways) is amended as follows.

• (2) In subsection (2)(b), for “so specified” there is substituted “ specified in the order or determined under subsection (7) below ”.

• (3) For subsection (7) there is substituted—

(7) Where it appears to the council that work requires to be done to bring the new site of the footpath or bridleway into a fit condition for use by the public, the council shall— (a) specify a date under subsection (2)(a) above, and (b) provide that so much of the order as extinguishes (in accordance with subsection (2)(b) above) a public right of way is not to come into force until the local highway authority for the new path or way certify that the work has been carried out.

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12

After section 119A of the 1980 Act there is inserted—