(b) ends when—

(i) an order under section 53(2) of the 1981 Act making
modifications to a definitive map and statement to show
the right of way takes effect, or

(ii) 5if no such order is made, the right of way is extinguished
in accordance with the regulations.

(5) In this section—

• “cut-off date” has the meaning given in section 56;

• “enactment” means a provision of an Act or of subordinate
  10legislation (within the meaning of the Interpretation Act 1978).”

23 Conversion of public rights of way to private rights of way

(1) In the Countryside and Rights of Way Act 2000, after section 56A (as inserted
by section 22) insert—

“56B Conversion of certain public rights of way to private rights of way

(1) 15This section applies where—

(a) a public right of way over land in England would be
extinguished under section 53 immediately after the cut-off
date, and

(b) on the cut-off date, the exercise of the right of way—

(i) 20is reasonably necessary to enable a person with an
interest in land to obtain access to it, or

(ii) 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.

(2) 25The public right of way becomes, immediately after the cut-off date, a
private right of way of the same description for the benefit of the land
or (as the case may be) the part of the land.

(3) For the purposes of subsection (1)(b), it is irrelevant whether the person
is, on the cut-off date, in fact—

(a) 30exercising the existing public right of way, or

(b) able to exercise it.

(4) In this section, “cut-off date” has the meaning given in section 56.”

(2) In consequence of the amendments made by sections 21 and 22 and this
section, in section 56 of the 2000 Act, in subsection (1), for “sections 53 and 55”
35substitute “sections 53, 55, 55A, 56A and 56B”.

24 Applications by owners etc for public path orders

(1) The Highways Act 1980 is amended as follows.

(2) In section 118ZA(1) (which makes provision for owners, lessees or occupiers of
certain land to be able to apply for a public path extinguishment order), after
40“horses” insert “, or of any land in England of a prescribed description,”.

(3) In section 119ZA(1) (which makes provision for owners, lessees or occupiers of
certain land to be able to apply for a public path diversion order), after “horses”
insert “, or of any land in England of a prescribed description,”.

(4) In section 121E(1) (which specifies the duties of the Secretary of State on certain
appeals relating to the extinguishment or diversion of public paths), after
“section 121D(1)(a) above,” insert “in relation to an application made under
section 118C or 119C above or an application made under section 118ZA or
5119ZA above to a council in Wales,”.

(5) After section 121E(1) insert—

“(1A) Where an appeal to the Secretary of State is brought under section
121D(1)(a) above, in relation to an application made under section
118ZA or 119ZA above to a council in England, the Secretary of State
10shall either—

(a) determine not to make an order on the application, or

(b) take the steps mentioned in subsection (1)(a) to (c).

(1B) Where the Secretary of State determines under subsection (1A)(a) not to
make an order, the Secretary of State shall inform the applicant of the
15decision and the reasons for it.”

(6) In Schedule 6, in paragraph 2A(1)(b), after “section 121E(1)(c)” insert “or
(1A)(a)”.

25 Extension of powers to authorise erection of gates at owner’s request

(1) Section 147 of the Highways Act 1980 (which allows highway authorities etc to
20authorise the erection of stiles and gates etc on footpaths or bridleways
crossing agricultural land) is amended as follows.

(2) In subsection (1), after “For the purposes of this section” insert “as it applies in
relation to footpaths or bridleways,”.

(3) After subsection (1) insert—

“(1A) 25The following provisions of this section, so far as relating to the erection
of gates, also apply where the owner, lessee or occupier of agricultural
land in England, or of land in England which is being brought into use
for agriculture, represents to a competent authority in England, as
respects a restricted byway or byway open to all traffic that crosses the
30land, that for securing that the use, or any particular use, of the land for
agriculture shall be efficiently carried on, it is expedient that gates for
preventing the ingress or egress of animals should be erected on the
byway.

For the purposes of this section the following are competent
35authorities—

(a) in the case of a restricted byway which is for the time being
maintained by a non-metropolitan district council by virtue of
section 42 above, that council and also the highway authority;
and

(b) 40in the case of any other restricted byway or in the case of a
byway open to all traffic, the highway authority.

For the purposes of this section the following are competent
authorities—

(a) in the case of a restricted byway which is for the time being
45maintained by a non-metropolitan district council by virtue of
section 42 above, that council and also the highway authority;
and

(b) in the case of any other restricted byway or in the case of a
byway open to all traffic, the highway authority.”

(4) 50In subsection (3), for “footpath or bridleway” substitute “footpath, bridleway
or byway”.

(5) After subsection (5) insert—

“(5A) In this section, “byway open to all traffic” has the same meaning as in
Part 3 of the Wildlife and Countryside Act 1981 (see section 66(1) of that
Act).”

(6) 5In consequence of the amendments made by this section to section 147, section
146 of the 1980 Act is amended as follows—

(a) in subsection (1), after “restricted byway” (in the first place it occurs)
insert “or across a byway open to all traffic in England”;

(b) in that subsection, for “or restricted byway” (in the second place it
10occurs) substitute “, restricted byway or byway open to all traffic”;

(c) in subsection (2)(b), after “restricted byway” insert “or in the case of a
byway open to all traffic”;

(d) after subsection (5) insert—

“(6) In this section, “byway open to all traffic” has the same meaning
15as in Part 3 of the Wildlife and Countryside Act 1981 (see section
66(1) of that Act).”;

(e) in the heading to the section, for “restricted byways” substitute
“byways”.

26 Applications for certain orders under Highways Act 1980: cost recovery

(1) 20The Highways Act 1980 is amended as follows.

(2) In section 118ZA(3) (which deals with the making of regulations imposing
charges in connection with applications by owners etc for a public path
extinguishment order), in paragraph (a), after “this section” insert “to a council
in Wales”.

(3) 25In section 119ZA(5) (which deals with the making of regulations imposing
charges in connection with applications by owners etc for a public path
diversion order), in paragraph (a), after “this section” insert “to a council in
Wales”.

(4) In section 121A(1) (which confers power to make regulations about
30applications for public path extinguishment and diversion orders), in
paragraph (f), for “prescribed charge” substitute “charge prescribed under the
section”.

(5) In section 121E(8) (which makes provision about what may be included in
regulations about appeals under section 121D(1)), in paragraph (j), for
35“prescribed charge” substitute “charge prescribed under section 118ZA(3) or
119ZA(5)”.

(6) In Part 1 of Schedule 6 (procedure for making and confirming certain orders
relating to footpaths, bridleways and restricted byways), in paragraph 2B
(which makes supplemental provision about hearings held under paragraph 2
40of the Schedule), after sub-paragraph (3) insert—

“(4) For the purposes of sub-paragraph (1) as it applies in relation to
section 250(4) of the Local Government Act 1972, the consideration
by a person appointed as mentioned in sub-paragraph (2)(b), (2A)(b)
or (3)(b) of paragraph 2 of any representations or objections about an
45order relating to land in England is to be treated as a hearing which
the Secretary of State has caused to be held under that paragraph.”

27 Public rights of way: procedure

(1) Schedule 7 makes changes to the law about the ascertainment of public rights
of way in England and the making and confirmation of orders relating to such
rights.

(2) 5Part 1 of the Schedule amends Part 3 of the Wildlife and Countryside Act 1981
(“the 1981 Act”) so as to—

(a) alter the test that applies where a local authority is deciding whether to
modify a definitive map and statement on the basis of evidence relating
to the existence of a right of way not currently shown on the map;

(b) 10enable regulations to be made to simplify the procedure that applies
where a modification of a definitive map and statement is needed
because of an administrative error;

(c) enable regulations to be made so that applications made to a local
authority seeking a modification of a definitive map and statement do
15not need to be included in the register of applications unless the
authority have given notice that there is a reasonable basis for the
applicant’s belief that the map should be modified;

(d) facilitate the making of modifications of a definitive map and statement
by consent in cases based on documentary evidence of the existence of
20a right of way before 1949.

(3) Part 2 of the Schedule inserts a new Schedule 13A in Part 3 of the 1981 Act,
which sets out an amended procedure that applies in relation to the making
and determination of applications to a local authority in England for a
modification of a definitive map and statement.

(4) 25Part 3 of the Schedule inserts a new Schedule 14A in Part 3 of the 1981 Act,
which sets out an amended procedure that applies in relation to the making
and confirmation of orders making modifications of a definitive map and
statement.

(5) Part 4 of the Schedule amends Schedule 6 to the Highways Act 1980 so as to
30make changes to the procedure for the making and confirmation of public path
creation orders and certain other orders relating to public paths in England.

(6) Part 5 of the Schedule makes amendments that are consequential on the other
Parts.

(7) The Secretary of State may by regulations make provision for an amendment
35made by paragraph 5 of Part 1 or by Part 2 or 3 of Schedule 7 to apply, in
relation to applications for an order under section 53(2) of the 1981 Act that are
made before the amendment comes into force, with modifications specified in
the regulations.

(8) Regulations under subsection (7) may make different provision for different
40purposes.

(9) Regulations under subsection (7) must be made by statutory instrument.

(10) A statutory instrument containing regulations under subsection (7) is subject
to annulment in pursuance of a resolution of either House of Parliament.

28 Erection of public statues (London): removal of consent requirement

45In the Public Statues (Metropolis) Act 1854, omit section 5 (which requires the
consent of the Secretary of State to the erection of public statues in London).

Housing and development

29 Reduction of qualifying period for right to buy

(1) The Housing Act 1985 is amended as follows.

(2) In section 119 (which sets out the qualifying period for the right to buy), before
5subsection (1) insert—

“(A1) In the application of this Part to England, the right to buy does not arise
unless the period which, in accordance with Schedule 4, is to be taken
into account for the purposes of this section is at least three years.”

(3) In subsection (1), at the beginning insert “In the application of this Part to
10Wales,”.

(4) In subsection (2), after “subsection” insert “(A1) or”.

30 Removal of power to require preparation of housing strategies

(1) Section 87 of the Local Government Act 2003 (which confers power on the
Secretary of State, in relation to England, and the Welsh Ministers, in relation
15to Wales, to require local housing authorities to have housing strategies and to
prepare housing statements) ceases to have effect in relation to England.

(2) Accordingly, that section is amended as follows.

(3) In subsection (1)—

(a) in the opening words, for “The appropriate person” substitute “The
20Welsh Ministers”;

(b) in paragraph (a)—

(i) after “a local housing authority” insert “in Wales”;

(ii) for “the appropriate person” substitute “the Welsh Ministers”.

(4) In subsection (2)—

(a) 25for “The appropriate person” substitute “The Welsh Ministers”;

(b) after “a local housing authority” insert “in Wales”;

(c) for “the appropriate person” (in each place where it occurs) substitute
“the Welsh Ministers”.

(5) In subsection (3)—

(a) 30in the opening words, for “The appropriate person” substitute “The
Welsh Ministers”;

(b) in paragraph (c), for “the appropriate person” substitute “the Welsh
Ministers”.

(6) In consequence of the amendments made by this section to section 87 of the
352003 Act—

(a) in section 88(2) of that Act, in paragraph (a), after “an authority” insert
“in Wales”;

(b) in section 333D(3) of the Greater London Authority Act 1999, in the
definition of “local housing strategy”—

(i) 40omit paragraph (a);

(ii) in paragraph (b), omit “other”.

31 Tenancy deposits

In Chapter 4 of Part 6 of the Housing Act 2004 (Tenancy Deposit Schemes),
after section 215 insert—

“215A Statutory periodic tenancies: deposit received before 6 April 2007

(1) 5This section applies where—

(a) before 6 April 2007, a tenancy deposit has been received by a
landlord in connection with a fixed term shorthold tenancy, and

(b) on or after that date, a periodic shorthold tenancy is deemed to
arise under section 5 of the Housing Act 1988 on the coming to
10an end of the fixed term tenancy.

(2) If, on the commencement date—

(a) the periodic tenancy is in existence, and

(b) all or part of the deposit paid in connection with the fixed term
tenancy continues to be held in connection with the periodic
15tenancy,

section 213 applies in respect of the deposit that continues to be held in
connection with the periodic tenancy, and any additional deposit held
in connection with that tenancy, with the modifications set out in
subsection (3).

(3) 20The modifications are that, instead of the things referred to in section
213(3) and (5) being required to be done within the time periods set out
in section 213(3) and (6)(b), those things are required to be done—

(a) before the end of the period of 90 days beginning with the
commencement date, or

(b) 25(if earlier) before the first day after the commencement date on
which a court does any of the following in respect of the
periodic tenancy—

(i) determines an application under section 214 or decides
an appeal against a determination under that section;

(ii) 30makes a determination as to whether to make an order
for possession in proceedings under section 21 of the
Housing Act 1988 or decides an appeal against such a
determination.

(4) If, on the commencement date—

(a) 35the periodic tenancy is no longer in existence, or

(b) no deposit continues to be held in connection with the periodic
tenancy,

the requirements of section 213(3), (5) and (6) are treated as if they had
been complied with by the landlord in respect of any deposit that was
40held in connection with the periodic tenancy.

(5) In this section and sections 215B to 215D “the commencement date”
means the date on which section 31 of the Deregulation Act 2014 is fully
in force in England and Wales.

215B Statutory periodic tenancies: deposit received on or after 6 April 2007

(1) 45This section applies where—

(a) on or after 6 April 2007, a tenancy deposit has been received by
a landlord in connection with a fixed term shorthold tenancy,

(b) the requirements of section 213(3), (5) and (6) have been
complied with by the landlord in respect of the deposit held in
connection with the fixed term tenancy,

(c) a periodic shorthold tenancy is deemed to arise under section 5
5of the Housing Act 1988 on the coming to an end of the fixed
term tenancy, and

(d) when the periodic tenancy arises, the deposit paid in connection
with the fixed term tenancy continues to be held—

(i) in connection with the periodic tenancy, and

(ii) 10in accordance with the same authorised scheme as when
the requirements of section 213(3), (5) and (6) were last
complied with in respect of it.

(2) The requirements of section 213(3), (5) and (6) are treated as if they had
been complied with by the landlord in respect of the deposit held in
15connection with the periodic tenancy.

215C Renewed fixed term or contractual periodic tenancies: deposit
received on or after 6 April 2007

(1) This section applies where—

(a) on or after 6 April 2007, a tenancy deposit has been received by
20a landlord in connection with a shorthold tenancy (“the original
tenancy”),

(b) the requirements of section 213(5) and (6) have been complied
with by the landlord in respect of the deposit held in connection
with the original tenancy,

(c) 25a new fixed term or periodic shorthold tenancy (“the new
tenancy”) comes into being on the coming to an end of the
original tenancy or a tenancy that replaces the original tenancy,

(d) the new tenancy is not one that is deemed to arise under section
5 of the Housing Act 1988,

(e) 30the new tenancy replaces the original tenancy, and

(f) when the new tenancy comes into being, the deposit paid in
connection with the original tenancy continues to be held—

(i) in connection with the new tenancy, and

(ii) in accordance with the same authorised scheme as when
35the requirements of section 213(5) and (6) were last
complied with in respect of it.

(2) The requirements of section 213(5) and (6) are treated as if they had
been complied with by the landlord in respect of the deposit held in
connection with the new tenancy.

(3) 40The condition in subsection (1)(a) may be met in respect of a tenancy
even if—

(a) it replaces an earlier tenancy, and

(b) the tenancy deposit was first received in connection with the
earlier tenancy (either before or after 6 April 2007).

(4) 45For the purposes of this section, a tenancy replaces another tenancy if—

(a) the landlord and tenant under the later tenancy are the same as
under the earlier tenancy, and

(b) the premises let under the later tenancy are the same or
substantially the same as those let under the earlier tenancy.

215D Sections 215A to 215C: transitional provisions

(1) Sections 215A to 215C are treated as having had effect since 6 April
52007, subject to the following provisions of this section.

(2) Sections 215A to 215C do not have effect in relation to—

(a) a claim under section 214 of this Act or section 21 of the Housing
Act 1988 in respect of a tenancy which is settled before the
commencement date (whether or not proceedings in relation to
10the claim have been instituted), or

(b) proceedings under either of those sections in respect of a
tenancy which have been finally determined before the
commencement date.

(3) Subsection (5) applies in respect of a tenancy if—

(a) 15proceedings under section 214 in respect of the tenancy have
been instituted before the commencement date but have not
been settled or finally determined before that date, and

(b) because of section 215A(4), 215B(2) or section 215C(2), the court
decides—

(i) 20not to make an order under section 214(4) in respect of
the tenancy, or

(ii) to allow an appeal by the landlord against such an order.

(4) Subsection (5) also applies in respect of a tenancy if—

(a) proceedings for possession under section 21 of the Housing Act
251988 in respect of the tenancy have been instituted before the
commencement date but have not been settled or finally
determined before that date, and

(b) because of section 215A(4), 215B(2) or 215C(2), the court
decides—

(i) 30to make an order for possession under that section in
respect of the tenancy, or

(ii) to allow an appeal by the landlord against a refusal to
make such an order.

(5) Where this subsection applies, the court must not order the tenant or
35any relevant person (as defined by section 213(10)) to pay the
landlord’s costs, to the extent that the court reasonably considers those
costs are attributable to the proceedings under section 214 or (as the
case may be) section 21 of the Housing Act 1988.

(6) Proceedings have been “finally determined” for the purposes of this
40section if —

(a) they have been determined by a court, and

(b) there is no further right to appeal against the determination.

(7) There is no further right to appeal against a court determination if there
is no right to appeal against the determination, or there is such a right
45but—

(a) the time limit for making an appeal has expired without an
appeal being brought, or

(b) an appeal brought within that time limit has been withdrawn.”

32 Optional building requirements

After section 2A of the Building Act 1984 insert—

“2B Optional requirements

(1) 5Building regulations made by the Secretary of State in relation to
England may include a requirement that applies only where a planning
authority makes compliance with the requirement a condition of a
grant of planning permission.

(2) In the following provisions of this section, a requirement included in
10building regulations by virtue of subsection (1) is referred to as an
“optional requirement”.

(3) Building regulations may specify that an optional requirement is
capable of applying only in respect of development of a kind described
in the regulations.

(4) 15Building regulations may specify conditions that must be satisfied
before a planning authority may make compliance with an optional
requirement a condition of the grant of planning permission.

(5) Building regulations may specify the steps that a planning authority
must take to inform a person subject to an optional requirement of the
20requirement.

(6) Where building regulations include an optional requirement that
would (to any extent) be inconsistent with another requirement
imposed by the regulations, the building regulations must provide—

(a) that the other requirement does not apply in any case where the
25optional requirement applies, or

(b) that the other requirement applies in any such case with
modifications specified in the regulations.

(7) In this section —

• “development” has the same meaning as in the Town and Country
  30Planning Act 1990 (see section 55 of that Act);

• “planning authority” means—

  (a)

  a local planning authority within the meaning of that
  Act (see section 336(1));

  (b)

  the Secretary of State (in the exercise of functions of
  35granting planning permission);

• “planning permission” has the same meaning as in that Act (see
  section 336(1)).”

33 Amendment of Planning and Energy Act 2008

In the Planning and Energy Act 2008, in section 1 (energy policies), after
40subsection (1) insert—

“(1A) Subsection (1)(c) does not apply to development in England that
consists of the construction or adaptation of buildings to provide
dwellings or the carrying out of any work on dwellings.”

34 Short-term use of London accommodation: power to relax restrictions

(1) The Secretary of State may by regulations made by statutory instrument make
provision for circumstances in which the use as temporary sleeping
accommodation of any residential premises in Greater London does not
5involve a material change of use by virtue of section 25(1) of the Greater
London Council (General Powers) Act 1973.

(2) Regulations under this section may also make provision for and in connection
with enabling the Secretary of State or a local planning authority to direct that
provision included in the regulations by virtue of subsection (1) does not apply
10to particular residential premises or to residential premises situated in a
particular area.

(3) Regulations under this section may amend the Greater London Council
(General Powers) Act 1973.

(4) Regulations under this section may—

(a) 15make different provision for different purposes;

(b) include incidental, supplementary, consequential, transitional,
transitory or saving provision.

Transport

35 Removal of restrictions on provision of passenger rail services

(1) 25In Part 2 of the Transport Act 1968 (integrated transport areas and passenger
transport areas), in section 10(1) (general powers of Executive)—

(a) after paragraph (i) insert—

“(ia) to carry passengers by railway—

(a) where that area is in England, between places in
30that area, between such places and any place in
Great Britain which is outside that area, or
between places in Great Britain which are
outside that area, or

(b) where that area is in Wales or Scotland, between
35places in that area or between such places and
any place outside that area but within the
permitted distance, that is to say, the distance of
twenty-five miles from the nearest point on the
boundary of that area;”;

(b) 40in paragraph (ii), for “other form of land transport” substitute “form of
land transport other than road or railway”.

(2) Schedule 8 contains—

(a) amendments in consequence of subsection (1), and

(b) further amendments in connection with the provision of passenger rail
45services.