Rights of Way (Amendment) Bill

House of Commons

Session 2003 - 04
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Other Bills before Parliament

Rights of Way (Amendment) Bill

Rights of Way (Amendment) Bill

EXPLANATORY NOTES

Explanatory notes to the Bill, prepared by the Department for Environment, Food

and Rural Affairs with the consent of Janet Anderson, the Member in charge of the

Bill, are published separately as Bill 70—EN.

Bill 70 53/3

Rights of Way (Amendment) Bill

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A

Bill

To

amend the law relating to public rights of way for vehicles.

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and

consent of the Lords Spiritual and Temporal, and Commons, in this present

Parliament assembled, and by the authority of the same, as follows:—

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Restriction of rights of way for vehicles

(1)

A public right of way created after the commencement of this section does not

include a right of way for mechanically propelled vehicles except to the extent

that it is—

(a)

a right created or granted (whether by an enactment or instrument or

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otherwise) on terms that expressly provide for it to include a right of

way for mechanically propelled vehicles; or

(b)

a right of way created by the setting out or creation, in exercise of

powers conferred by virtue of any enactment, of a road intended to be

used by such vehicles.

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(2)

So much of any unrecorded right of way falling within subsection (3) as

immediately before the commencement of this section comprises a right of way

for mechanically propelled vehicles shall be extinguished except to the extent

that—

(a)

it is a right of way falling within subsection (1)(a) or (b); or

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(b)

the exercise of the right, from time to time, is reasonably necessary for

access purposes, or for the purposes of a business, trade or profession.

(3)

An unrecorded right of way falls within this subsection if, immediately before

the commencement of this section, it was a right of way used by the public

mainly for purposes for which footpaths or bridleways are used.

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(4)

For the purposes of subsection (2)(b) the exercise of a right is for access

purposes to the extent only that—

(a)

it is exercised by a person with an interest in land for obtaining access

to the land; or

(b)

it is exercised by a person for obtaining access to land as a lawful

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visitor.

Bill 70 53/3

Rights of Way (Amendment) Bill

2

(5)

In section 53(3)(c)(i) of the Wildlife and Countryside Act 1981 (c. 69)

(modification of definitive map and statement on discovery of evidence of a

right of way), after “public path” insert “, a restricted byway”.

(6)

In this section—



“definitive map and statement” means a definitive map and statement

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within the meaning of Part 3 of the Wildlife and Countryside Act 1981;



“interest”, in relation to land, includes any estate in land and any right

over land (whether the right is exercisable by virtue of the ownership

of an estate or interest in the land or by virtue of a licence or agreement)

and, in particular, includes rights of common and sporting rights;

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“lawful visitor”, in relation to land, includes any person who enters the

land for any purpose in the exercise of a right conferred by or under an

enactment or otherwise by law;



“mechanically propelled vehicle” does not include a vehicle falling within

section 189(1)(c) of the Road Traffic Act 1988 (c. 52) (electrically assisted

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pedal cycle); and



“unrecorded right of way” means a right of way not shown in a definitive

map and statement.

(7)

In subsection (6) the reference to a right of way not shown in a definitive map

and statement includes a reference to all rights of way, in addition to restricted

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byway rights (within the meaning of Part 2 of the Countryside and Rights of

Way Act 2000 (c. 37)), over a way that is shown, or treated as shown, in a

definitive map and statement only as a footpath, bridleway or restricted

byway.

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Supplemental provisions

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(1)

This Act may be cited as the Rights of Way (Amendment) Act 2004.

(2)

Section 1 shall come into force on such day as—

(a)

the Secretary of State (as respects ways in England), or

(b)

the National Assembly for Wales (as respects ways in Wales),



may by order made by statutory instrument appoint.

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(3)

Different days may be appointed under subsection (2) for different purposes.

(4)

An order under that subsection appointing a day for the commencement of

section 1(2) for any purpose may also contain such transitional provision or

savings as—

(a)

the Secretary of State, or

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(b)

the National Assembly for Wales,



thinks fit in relation to cases where there has been an application for a right to

be shown in a definitive map and statement (within the meaning of Part 3 of

the Wildlife and Countryside Act 1981) before the appointed day.

(5)

This Act extends to England and Wales only.

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