Countryside and Rights of Way Bill

Countryside and Rights of Way Bill - continued	House of Commons
PART II, PUBLIC RIGHTS OF WAY AND ROAD TRAFFIC - continued

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Creation, stopping up and diversion of public paths

Duty to have regard to nature conservation in relation to creation, stopping up and diversion of public paths.

49. - (1) In the Highways Act 1980 (in this Act referred to as "the 1980 Act") for section 29 there is substituted-

"Duty to have regard to agriculture, forestry and nature conservation.	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-
	(a) to have due regard to the needs of agriculture and forestry, and
	(b) in any case where a duty to have regard to the desirability of conserving flora, fauna and geological and physiographical features is not imposed by the enactments specified in subsection (2) below, to have due regard to the desirability of conserving them.
	(2) The enactments referred to in subsection (1)(b) above are-
	(a) section 11A of the National Parks and Access to the Countryside Act 1949 (duties in relation to National Parks),
	(b) section 11 of the Countryside Act 1968 (general duty of public bodies in relation to the countryside), and
	(c) section 2 of the Norfolk and Suffolk Broads Act 1988 (functions of Broads Authority)."

(2) In section 121 of that Act (supplementary provisions as to public path extinguishment and diversion orders), in subsection (3) for "(protection for agriculture and forestry)" there is substituted "(duty to have regard to agriculture, forestry and nature conservation)".

Application for stopping up or diversion of public paths.

50. Schedule 6 (which contains amendments of the 1980 Act conferring a right to apply for the stopping up or diversion of a footpath or bridleway) has effect.

Stopping up and diversion of public paths for purposes of crime prevention, etc.

51. Schedule 7 (which contains amendments of the 1980 Act relating to the stopping up and diversion of footpaths and bridleways for purposes of crime prevention, etc.) has effect.

Application for path creation order for purposes of Part I.

52. - (1) An application for the making of a public path creation order under section 26(2) of the 1980 Act for the purpose of enabling the public to obtain access to any access land (within the meaning of Part I) or of facilitating such access, may be made-

(a) by the Countryside Agency to the Secretary of State, or

(b) by the Countryside Council for Wales to the National Assembly for Wales.

(2) Before making a request under subsection (1), the body making the request shall have regard to any rights of way improvement plan prepared by any authority which is a local highway authority for the area in which the proposed footpath or bridleway would be situated.

Rights of way improvement plans

Rights of way improvement plans.

53. - (1) Every local highway authority other than an inner London authority shall, within five years after the commencement of this section, prepare and publish a plan, to be known as a rights of way improvement plan, containing-

(a) the authority's assessment of the matters specified in subsection (2),

(b) a statement of the action they propose to take for the management of local rights of way, and for securing an improved network of local rights of way, with particular regard to the matters dealt with in the assessment, and

(c) such other material as the Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales) may direct.

(2) The matters referred to in subsection (1)(a) are-

(a) the extent to which local rights of way meet the present and likely future needs of the public,

(b) the opportunities which local rights of way provide for open-air recreation and the enjoyment of the authority's area,

(c) the accessibility of local rights of way to blind or partially sighted persons and others with mobility problems, and

(d) such other matters relating to local rights of way as the Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales) may direct.

(3) An authority by whom a rights of way improvement plan is published shall, not more than ten years after first publishing it and subsequently at intervals of not more than ten years-

(a) make a new assessment of the matters specified in subsection (2), and

(b) review the plan and decide whether to amend it.

(4) On such a review the authority shall-

(a) if they decide to amend the plan, publish it as amended, and

(b) if they decide to make no amendments to it, publish a report of their decision and of their reasons for it.

(5) In this section-

"inner London authority" means Transport for London, the council of an inner London borough or the Common Council of the City of London;

"local highway authority" has the same meaning as in the 1980 Act;

"local rights of way" in relation to a local highway authority, means-

(a) the footpaths, bridleways and restricted byways within the authority's area, and

(b) the ways within the authority's area which are shown in a definitive map and statement as byways open to all traffic.

(6) In subsection (5) the definition of "local rights of way" has effect until the commencement of section 43 with the substitution for the reference to restricted byways of a reference to ways shown in a definitive map and statement as roads used as public paths.

(7) In this section and section 54 expressions also used in Part III of the 1981 Act have the same meaning as in that Part.

Rights of way improvement plans: supplemental.

54. - (1) Before preparing or reviewing a rights of way improvement plan, and in particular in making any assessment under section 53(1)(a) or (3)(a), a local highway authority shall consult-

(a) each local highway authority whose area adjoins their area;

(b) each district council, and each parish or community council, whose area is within their area;

(d) where any part of the Broads is within their area, the Broads Authority;

(e) where any long-distance route passes through their area, the Countryside Agency or the Countryside Council for Wales (as appropriate); and

(f) such other persons as they may consider appropriate.

(2) In preparing or amending a rights of way improvement plan, a local highway authority shall-

(a) publish a draft of the plan or of the plan as amended,

(b) publish, in two or more local newspapers circulating in their area, notice of how a copy of the draft can be inspected or obtained and how representations on it can be made to them, and

(3) As regards their rights of way improvement plan, any draft plan on which representations may be made and any report under section 53(4)(b), a local highway authority shall-

(a) keep a copy available for inspection free of charge at all reasonable times at their principal offices, and

(b) supply a copy to any person who requests one, either free of charge or on payment of a reasonable charge determined by the authority.

(4) Local highway authorities shall, in carrying out their functions under section 53 and this section, have regard to such guidance as may from time to time be given to them by the Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales).

(5) A local highway authority may make arrangements with-

(a) any district council whose area is within their area, or

(b) the National Park authority for a National Park any part of which is within their area,

for the functions of the local highway authority under section 53 and this section so far as relating to the area of that council or to the part of the Park within the local highway authority's area, to be discharged jointly by the local highway authority and by that council or National Park authority.

(6) In this section-

"the Broads" has the same meaning as in the Norfolk and Suffolk Broads Act 1988, and

"long-distance route" means a route to which proposals approved under section 52(1) of the National Parks and Access to the Countryside Act 1949 relate.

Prepared 3 March 2000