Session 2013 - 14
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Other Bills before Parliament




House of Commons


Notices of Amendments


given on


Tuesday 11 March 2014


For other Amendment(s) see the following page(s):


Deregulation Bill Committee 36-40


Public Bill Committee


Deregulation Bill


Designation of rights over unsealed ways


John Hemming




To move the following Clause:—



Every way to which this section applies shall be designated for inclusion on the


definitive map as a restricted byway, subject to subsections (3) to (8).



In respect of any way designated as a restricted byway under subsection (1)


unrecorded public rights to use mechanically propelled vehicles shall be





Subsection (1) applies to any unsealed way which immediately before the


commencement of this section is not shown in any definitive map and statement


as a public right of way but is included in the List of Streets held by the relevant


authority under section 36(6) of the Highways Act 1980.



Subsection (1) shall come into force one year after commencement but at any


time within that year (or within such time as may be prescribed under Regulations


made under section 56A of the Countryside and Rights of Way Act 2000 the


surveying authority may, in respect of any way to which subsection (1) would


otherwise apply, designate that way—



as being necessary to the ordinary road network for use by the public in


mechanically propelled vehicles; or



as being more properly designated as a footpath or bridleway taking into


account all known evidence of historic rights; or



as carrying no public rights taking into account all known evidence of


historic rights,



and in such cases subsection (1) shall only apply as provided for within the





If at commencement exercise of rights to use mechanically propelled vehicles—


Notices of Amendments: 11 March 2014                  



Deregulation Bill, continued



is reasonably necessary to enable a person with an interest in land to


obtain access to it; or



would have been reasonably necessary to enable that person to obtain


access to a part of that land if the person had an interest in that part only,



the right becomes a private right of way for mechanically propelled vehicles for


the benefit of the land or (as the case may be) the part of the land.



Subsection (1) shall not apply where public rights to use mechanically propelled


vehicles can be shown to exist under the provisions set out in subsections


67(2)(a), (c) or (d) of the Natural Environment and Rural Communities Act 2006.





Nothing in this section shall affect the operation of section 53 of, or


Schedule 14 or 15 to, the Wildlife and Countryside Act 1981 (“the 1981


Act”) in relation to—



a relevant order made before commencement; or



an application made before commencement for a relevant order,





in the event of the order being confirmed as determining


the existence of public rights to use mechanically


propelled vehicles this section shall instead apply, and



in the event of the order being confirmed as determining


the existence of public footpath or bridleway rights this


section shall be of no effect.



In this subsection “relevant order” means an order that is made under


section 53 of the 1981 Act and contains modifications relating to that way


by virtue of subsection (3)(c)(i) or (3)(c)(ii) of that Act.



In this section “unsealed” means a way whose surface, or most of whose surface,


does not consist of concrete, tarmacadam, coated roadstone or other prescribed





© Parliamentary copyright
Revised 12 March 2014