Session 2013 - 14
Internet Publications
Other Bills before Parliament


 
 

41

 

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

 

NC2

 

To move the following Clause:—

 

‘(1)    

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).

 

(2)    

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

 

unrecorded public rights to use mechanically propelled vehicles shall be

 

extinguished.

 

(3)    

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.

 

(4)    

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—

 

(a)    

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

 

mechanically propelled vehicles; or

 

(b)    

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

 

account all known evidence of historic rights; or

 

(c)    

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

 

Regulations.

 

(5)    

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


 
 

Notices of Amendments: 11 March 2014                  

42

 

Deregulation Bill, continued

 
 

(a)    

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

 

obtain access to it; or

 

(b)    

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.

 

(6)    

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.

 

(7)    

 

(a)    

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—

 

(i)    

a relevant order made before commencement; or

 

(ii)    

an application made before commencement for a relevant order,

 

however

 

(a)    

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

 

(b)    

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.

 

(b)    

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.

 

(8)    

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

 

material.’.

 


 
contents
 

© Parliamentary copyright
Revised 12 March 2014