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 rights of way

Creation, stopping up and diversion of public rights of way.

49. The Highways Act 1980 (in this Act referred to as "the 1980 Act") has effect subject to the amendments in Part I of Schedule 6 (which relate to the creation, stopping up and diversion of public rights of way); and Part II of that Schedule (which contains consequential amendments of other Acts) has effect.

Application for path creation order for purposes of Part I.

50. - (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.

51. - (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 restricted byways or 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 references to restricted byways and to ways shown in a definitive map and statement as 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 52 expressions also used in Part III of the 1981 Act have the same meaning as in that Part.

Rights of way improvement plans: supplemental.

52. - (1) Before preparing or reviewing a rights of way improvement plan, and in particular in making any assessment under section 51(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 51(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 51 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 51 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.

Application of ss. 51 and 52 to inner London.

53. - (1) The council of an inner London borough or the Common Council of the City of London may by resolution adopt sections 51 and 52 as respects their area or any part of it which is specified in the resolution.

(2) On the passing by any authority of a resolution under subsection (1), sections 51 and 52 shall, as respects their area or the part of it specified in the resolution, apply in relation to that authority-

(a) as they apply in relation to a local highway authority other than an inner London authority, but

(b) with the substitution for the reference in subsection (1) of section 51 to the commencement of that section of a reference to the date on which the resolution comes into operation.

Removal of obstructions from highways

Enforcement of duty to prevent obstruction.

54. After section 130 of the 1980 Act there is inserted-

"Notices to enforce duty regarding public paths.	130A. - (1) Any person who alleges, as respects any highway for which a local highway authority other than an inner London authority are the highway authority-
	(a) that the highway falls within subsection (2) below, and
	(b) that it is obstructed by an obstruction to which this section applies,
	may serve on the highway authority notice requesting them to secure the removal of the obstruction from the highway.
	(2) A highway is within this subsection if it is-
	(a) a footpath, bridleway, or restricted byway, or
	(b) a way shown in a definitive map and statement as a restricted byway or a byway open to all traffic.
	(3) Subject to subsection (4) below, this section applies to an obstruction of the highway if the obstruction is without lawful authority and either-
	(a) the powers conferred by section 143, 149 or 154 below are exercisable in respect of it, or
	(b) it is of a description prescribed by regulations made by the Secretary of State and the authority have power (otherwise than under any of those sections) to secure its removal.
	(4) This section does not apply to an obstruction if-
	(a) it is, or is part of-
	(i) a building (whether temporary or permanent), or
	(ii) any other structure (including a vehicle or other movable object) which it appears may be used as a dwelling,
	(b) an order may be made in respect of it under section 56(4) above, or
	(c) the presence of any person constitutes the obstruction.
	(5) A highway authority on whom a notice under subsection (1) above is served by any person shall, within one month from the date of service of the notice, serve-
	(a) on that person, a notice stating what, if any, action they propose to take in relation to the obstruction, and
	(b) so far as reasonably practicable, on every person who it appears to them may be for the time being responsible for the obstruction, a notice informing that person that a notice under subsection (1) above has been served in relation to it and stating what, if any, action the authority propose to take.
	(6) For the purposes of subsection (5)(b) above the persons responsible for an obstruction include any person who has possession or control of it or who may be required to remove it.
	(7) A notice under subsection (1) or (5) above shall be in such form and contain such information as may be prescribed by regulations made by the Secretary of State.
	(8) In this section-
	"definitive map and statement" has the same meaning as in Part III of the Wildlife and Countryside Act 1981;
	"inner London authority" means Transport for London, the council of an inner London borough or the Common Council of the City of London; and
	"restricted byway" has the same meaning as in Part II of the Countryside and Rights of Way Act 2000.
	(9) Subsection (2) above has effect until the commencement of section 43 of the Countryside and Rights of Way Act 2000 with the substitution for the references to a restricted byway and to a way shown in a definitive map and statement as a restricted byway of a reference to a way shown in a definitive map and statement as a road used as a public path.
Orders following notice under section 130A.	130B. - (1) Where a notice under section 130A(1) above has been served on a highway authority in relation to any obstruction, the person who served it, if not satisfied that the obstruction has been removed, may-
	(a) after the end of five days beginning with the date of service on the authority of notice of his intention to apply for an order under this section, and
	(b) before the end of six months beginning with the date of service of the notice under section 130A(1) above,
	apply to a magistrates' court for such an order.
	(2) No notice under subsection (1)(a) above shall be served before the end of two months beginning with the date of service of the notice under section 130A(1) above.
	(3) An order under this section is an order requiring the highway authority to take, within such reasonable period as may be fixed by the order, such steps as may be specified in the order for securing the removal of the obstruction.
	(4) Subject to subsection (5) below, the court may make an order under this section if it is satisfied-
	(a) that the obstruction is one to which section 130A above applies,
	(b) that the way obstructed is a highway within subsection (2) of that section, and
	(c) that the obstruction significantly interferes with the exercise of public rights of way over that way.
	(5) No order shall be made under this section if the highway authority satisfy the court-
	(a) that the fact that the way obstructed is a highway within section 130A(2) above is seriously disputed,
	(b) on any other grounds, that they have no duty under section 130(3) above to secure the removal of the obstruction, or
	(c) that, under arrangements which have been made by the authority, its removal will be secured within a reasonable time, having regard to the number and seriousness of obstructions in respect of which they have such a duty.
	(6) Where an application is dismissed by virtue of paragraph (a), (b) or (c) of subsection (5) above, the court, in determining whether and if so how to exercise its power under section 64(1) of the Magistrates' Courts Act 1980 (costs), shall have particular regard to any failure by the highway authority to give the applicant appropriate notice of and information about the grounds relied on by the authority under that paragraph.
	(7) An order under this section may be varied on the application of the highway authority to whom it relates."

Prepared 24 May 2000