Countryside and Rights of Way Bill. - continued        House of Commons

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  PART II
  PUBLIC RIGHTS OF WAY AND ROAD TRAFFIC
 
Definitive maps and statements and restricted byways
Redesignation of roads used as public paths.     43. - (1) In the Wildlife and Countryside Act 1981 (in this Act referred to as "the 1981 Act"), section 54 (duty to reclassify roads used as public paths) shall cease to have effect.
 
      (2) Every way which, immediately before the commencement of this section, is shown in any definitive map and statement as a road used as a public path shall be treated instead as shown as a restricted byway; and the expression "road used as a public path" shall not be used in any definitive map and statement to describe any way.
 
      (3) In this section and sections 44 to 48, "definitive map and statement" has the same meaning as in Part III of the 1981 Act.
 
Restricted byway rights.     44. - (1) Subject to subsections (2) and (3), the public shall have restricted byway rights over any way which, immediately before the commencement of section 43, is shown in a definitive map and statement as a road used as a public path.
 
      (2) Subsection (1) has effect subject to the operation of any enactment or instrument (whether coming into operation before or after the commencement of section 43), and to the effect of any event otherwise within section 53(3)(a) of the 1981 Act, whereby a highway-
 
 
    (a) is authorised to be stopped up, diverted, widened or extended, or
 
    (b) becomes a public path;
       and subsection (1) applies accordingly to any way as so diverted, widened or extended.
 
      (3) Subsection (1) does not apply to any way, or part of a way, over which immediately before the commencement of section 43 there was no public right of way.
 
      (4) In this Part-
 
 
    "restricted byway rights" means-
 
      (a) a right of way on foot,
 
      (b) a right of way on horseback or leading a horse, and
 
      (c) a right of way for vehicles other than mechanically propelled vehicles; and
 
    "restricted byway" means a highway over which the public have restricted byway rights, with or without a right to drive animals of any description along the highway, but no other rights of way.
      (5) Subsection (1) is without prejudice to any question whether the public have over any way a right of way for mechanically propelled vehicles or a right to drive animals of any description along the way.
 
      (6) In subsections (4) and (5) "mechanically propelled vehicle" does not include a vehicle falling within paragraph (c) of section 189(1) of the Road Traffic Act 1988.
 
      (7) Every surveying authority, within the meaning of Part III of the 1981 Act, shall take such steps as they consider expedient for bringing to the attention of the public the effect of section 43(2) and this section.
 
      (8) In this section "horse", "horseback" and "public path" have the same meaning as in Part III of the 1981 Act.
 
Provisions supplementary to ss. 43 and 44.     45. - (1) Every way over which the public have restricted byway rights by virtue of subsection (1) of section 44 (whether or not they also have rights mentioned in subsection (5) of that section) shall, as from the commencement of that section, be a highway maintainable at the public expense.
 
      (2) Every way which, in pursuance of-
 
 
    (a) paragraph 9 of Part III of Schedule 3 to the Countryside Act 1968, or
 
    (b) any order made under section 54(1) of the 1981 Act before the coming into force of section 43,
       is shown in any definitive map and statement as a byway open to all traffic, a bridleway or a footpath, shall continue to be maintainable at the public expense.
 
      (3) Nothing in subsections (1) and (2) or in section 44(1) obliges a highway authority to provide on any way a metalled carriage-way or a carriage-way which is by any other means provided with a surface suitable for cycles or other vehicles.
 
      (4) Nothing in section 44, or in section 53 of the 1981 Act, limits the operation of orders under the Road Traffic Regulation Act 1984 or the operation of any byelaws.
 
      (5) Section 67 of the 1981 Act (application to the Crown) has effect as if this section and sections 43, 44 and 46 were contained in Part III of that Act.
 
Private rights over restricted byways.     46. - (1) Restricted byway rights over any way by virtue of subsection (1) of section 44 are subject to any condition or limitation to which public rights of way over that way were subject immediately before the commencement of that section.
 
      (2) Any owner or lessee of premises adjoining or adjacent to a relevant highway shall, so far as is necessary for the reasonable enjoyment and occupation of the premises, have a right of way for vehicular and all other kinds of traffic over the relevant highway.
 
      (3) In subsection (2), in its application to the owner of any premises, "relevant highway" means so much of any highway maintainable at the public expense by virtue of section 45(1) as was, immediately before it became so maintainable, owned by the person who then owned the premises.
 
      (4) In subsection (2), in its application to the lessee of any premises, "relevant highway" means so much of any highway maintainable at the public expense by virtue of section 45(1) as was, immediately before it became so maintainable, included in the lease on which the premises are held.
 
      (5) In this section-
 
 
    "lease" and "lessee" have the same meaning as in the 1980 Act;
 
    "owner", in relation to any premises, means a person, other than a mortgagee not in possession, who is for the time being entitled to dispose of the fee simple of the premises, whether in possession or in reversion, and "owned" shall be construed accordingly; and
 
    "premises" has the same meaning as in the 1980 Act.
Amendments relating to definitive maps and statements and restricted byways.     47. Schedule 5 to this Act (which contains amendments relating to definitive maps and statements and restricted byways) has effect.
 
Restricted byways: power to make consequential provision.     48. - (1) The Secretary of State may by regulations-
 
 
    (a) provide for any relevant provision applying to highways, or to highways of a particular description, not to apply, or to apply with or without modification, to restricted byways or to ways shown in a definitive map and statement as restricted byways, and
 
    (b) without prejudice to paragraph (a), make in any relevant provision such amendments, repeals or revocations as appear to him appropriate in consequence of the coming into force of sections 43 to 46 or provision made by virtue of that paragraph.
      (2) In subsection (1) "relevant provision" means a provision contained-
 
 
    (a) in an Act passed before or in the same Session as this Act, or
 
    (b) in any subordinate legislation made before the passing of this Act.
      (3) The amendment by this Act of any provision is without prejudice to the exercise in relation to that provision of the powers conferred by this section.
 
      (4) Regulations under this section shall be made by statutory instrument, but no such regulations shall be made unless a draft of the instrument containing them has been laid before and approved by a resolution of each House of Parliament.
 
 
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