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amend
the law relating to public rights of way for vehicles. |
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Be
it enacted by the Queen’s most Excellent Majesty,
by and with the advice and |
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consent of the Lords Spiritual
and Temporal, and Commons, in this present |
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Parliament assembled, and
by the authority of the same, as follows:— |
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1 |
Restriction
of rights of way for vehicles |
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(1) |
A public right of way created
after the commencement of this section does not |
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include a right of way for
mechanically propelled vehicles except to the extent |
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(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 |
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way for mechanically propelled
vehicles; or |
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(b) |
a right of way created by
the setting out or creation, in exercise of |
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powers conferred by virtue
of any enactment, of a road intended to be |
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(2) |
So much of any unrecorded
right of way falling within subsection (3) as |
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immediately before the commencement
of this section comprises a right of way |
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for mechanically propelled
vehicles shall be extinguished except to the extent |
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(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 |
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access purposes, or for the
purposes of a business, trade or profession. |
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(3) |
An unrecorded right of way
falls within this subsection if, immediately before |
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the commencement of this
section, it was a right of way used by the public |
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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 |
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purposes to the extent only
that— |
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(a) |
it is exercised by a person
with an interest in land for obtaining access |
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(b) |
it is exercised by a person
for obtaining access to land as a lawful |
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(5) |
In
section 53(3)(c)(i) of the Wildlife and Countryside Act 1981 (c. 69)
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(modification of definitive
map and statement on discovery of evidence of a |
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right of way), after “public
path” insert “, a restricted byway”. |
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“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; |
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“interest”,
in relation to land, includes any estate in land and any right
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over
land (whether the right is exercisable by virtue of the ownership
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of
an estate or interest in the land or by virtue of a licence or
agreement) |
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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 |
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land
for any purpose in the exercise of a right conferred by or under
an |
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enactment
or otherwise by law; |
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“mechanically
propelled vehicle” does not include a vehicle falling within
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section
189(1)(c) of the Road Traffic Act 1988 (c. 52) (electrically
assisted |
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“unrecorded
right of way” means a right of way not shown in a definitive
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(7) |
In subsection (6) the reference
to a right of way not shown in a definitive map |
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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 |
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Way Act 2000 (c. 37)),
over a way that is shown, or treated as shown, in a |
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definitive map and statement
only as a footpath, bridleway or restricted |
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2 |
Supplemental
provisions |
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(1) |
This Act may be cited as
the Rights of Way (Amendment) Act 2004. |
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(2) |
Section 1
shall come into force on such day as— |
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(a) |
the Secretary of State (as
respects ways in England), or |
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(b) |
the National Assembly for
Wales (as respects ways in Wales), |
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may
by order made by statutory instrument appoint. |
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(3) |
Different days may be appointed
under subsection (2) for different purposes. |
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(4) |
An order under that subsection
appointing a day for the commencement of |
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section 1(2)
for any purpose may also contain such transitional provision or
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(a) |
the Secretary of State, or |
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(b) |
the National Assembly for
Wales, |
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thinks
fit in relation to cases where there has been an application for
a right to |
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be shown in a definitive
map and statement (within the meaning of Part 3 of |
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the Wildlife and Countryside
Act 1981) before the appointed day. |
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(5) |
This Act extends to England
and Wales only. |
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