2006 No. 1177
The Restricted Byways (Application and Consequential Amendment of Provisions) Regulations 2006
Made
Coming into force in accordance with regulation 1
These Regulations are made in exercise of the powers conferred by section 52(1)(a) and (b) of the Countryside and Rights of Way Act 20001.
It appears to the Secretary of State that the amendments set out in column 2 of the Schedule to these Regulations are appropriate in consequence of the coming into force of sections 47 to 50, or provision made by virtue of section 52(1)(a), of that Act.
In accordance with section 52(3)(a) of that Act she has consulted the National Assembly for Wales.
In accordance with section 52(8) of that Act a document giving details of that consultation and stating that no representations have been received from the National Assembly for Wales has been laid before each House of Parliament.
In accordance with section 52(7) of that Act a draft of these Regulations has been laid before and approved by a resolution of each House of Parliament.
Accordingly the Secretary of State makes the following Regulations:
Citation and commencement1
1
These Regulations may be cited as the Restricted Byways (Application and Consequential Amendment of Provisions) Regulations 2006.
2
Subject to paragraph (3), these Regulations shall come into force in England on the day on which sections 47 to 50 of the Countryside and Rights of Way Act 2000 come into force in England.
3
Regulation 2 and the Schedule so far as they relate to—
a
section 59 of the Wildlife and Countryside Act 19812, or
b
section 33 of the Road Traffic Act 19883,
shall come into force in England two months after the day on which sections 47 to 50 of the Countryside and Rights of Way Act 2000 come into force in England.
4
Subject to paragraph (5), these Regulations shall come into force in Wales on the day on which sections 47 to 50 of the Countryside and Rights of Way Act 2000 come into force in Wales.
5
Regulation 2 and the Schedule so far as they relate to—
a
section 59 of the Wildlife and Countryside Act 1981, or
b
section 33 of the Road Traffic Act 1988,
shall come into force in Wales two months after the day on which sections 47 to 50 of the Countryside and Rights of Way Act 2000 come into force in Wales.
Application and amendment of provisions2
1
The provisions set out in column 1 of Part I or II of the Schedule which relate to—
a
highways, or highways of a particular description,
b
things done on or in connection with highways, or highways of a particular description, or
c
the creation, stopping up or diversion of highways, or highways of a particular description,
shall also apply in relation to restricted byways.
2
In consequence of the coming into force of sections 47 to 50 of the Countryside and Rights of Way Act 2000 or of paragraph (1) above, the provisions mentioned in column 2 of Part I or II of the Schedule shall have effect with the amendments there specified.
Disapplication and amendment of section 47 of the Highways Act 19803
1
Section 47 of the Highways Act 19804 shall not apply in relation to restricted byways and in consequence that section is amended in accordance with paragraph (2).
2
In subsection (2) of that section, for “footpath or bridleway” there is substituted “footpath, bridleway or restricted byway”5.
SCHEDULEAPPLICATION AND AMENDMENT OF PROVISIONS
PART IACTS
Column 1 | Column 2 |
---|---|
Provisions applying in relation to restricted byways | Amendments |
Defence Act 18426, sections 16 and 17. | Section 16 (principal officers may authorize persons to survey and mark out lands, etc, and treat with owners for the absolute purchase therefore, etc) is renumbered as subsection (1) of that section and—
In section 17 (when footpaths, etc, are stopped up, other paths to be made in lieu thereof)—
|
Harbours Act 19647, sections 14, 16 and 17, paragraph 7A of Schedule 2 and paragraph 12 of Schedule 3. | In section 14 (ministers' powers, on application of harbour authorities, or others, to make orders for securing harbour efficiency, &c), in subsection (5A)8, for “or bridleway” there is substituted “, bridleway or restricted byway”. In section 16 (ministers' powers, on application of intending undertakers, or others, to make orders conferring powers for improvement, construction, &c, of harbours), in subsection (7A)9, for “or bridleway” there is substituted “, bridleway or restricted byway”. In section 17 (procedure for making harbour revision and empowerment orders), in subsections (2A) and (2B)10, for “or bridleway”, in both places where it occurs, there is substituted “, bridleway or restricted byway”. In section 57 (interpretation), in subsection (1), after the definition of “provisional order”, there is inserted—
In Schedule 2 (object for whose achievement harbour revision orders may be made), in paragraph 7A11, for “or bridleways” there is substituted “, bridleways or restricted byways”. In Schedule 3 (procedure for making harbour revision and empowerment orders)12, in paragraph 12, for “or bridleway”, in each place where it occurs, there is substituted “, bridleway or restricted byway”. |
Countryside Act 196813, section 27. | In section 27 (signposting)14—
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Chronically Sick and Disabled Persons Act 197015, section 20. | In section 20 (use of invalid carriages on highways), in subsection (2)16, in the definition of “footway”, after “Highways Act 1980” insert “or a restricted byway within the meaning of Part 2 of the Countryside and Rights of Way Act 2000”. |
Local Government Act 197217, section 187. | In section 187 (powers of district council or Welsh principal council as regards footpaths and bridleways)—
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Highways Act 198018, sections 25 to 28, 36, 42, 43, 72 and 115A, sections 115B and 115C (so far as they relate to footpaths, bridleways and footways in relation to which no pedestrian planning order or traffic order is in force), sections 118, 118A, 119, 119A, 120, 121, 135, 146, 275 and 300, Schedule 6 and paragraph 3(3) of Schedule 12A. | In section 25 (creation of footpath or bridleway by agreement)19—
|
In section 26 (compulsory powers for creation of footpaths and bridleways)20—
In section 27 (making up of new footpaths and bridleways)—
In section 28 (compensation for loss caused by a public path creation order), in subsection (4), for “or bridleway” there is substituted “, bridleway or restricted byway”. In section 36 (highways maintainable at public expense), in subsections (2) and (3A)21, for “or bridleway”, in each place where it occurs, there is substituted “, bridleway or restricted byway”. In section 42 (power of district councils to maintain certain highways), in subsection (2), before the word “and” immediately following paragraph (b), there is inserted—
In section 43 (power of parish and community councils to maintain footpaths and bridleways)—
In section 72 (widening of highways), in subsection (2)22, for “or bridleway”, in each place where it occurs, there is substituted “, bridleway or restricted byway”. In section 115A (scope of Part 7A)23, in subsection (1), after paragraph (a) there is inserted—
In section 115B (provision etc of services and amenities by councils), in subsection (6), before the word “or” immediately following paragraph (b) there is inserted—
In section 115C (provision of recreation and refreshment facilities by councils), in subsection (4), after paragraph (b) there is inserted—
In section 118 (stopping up of footpaths and bridleways)—
In section 118A (stopping up of footpaths and bridleways crossing railways)24—
In section 119 (diversion of footpaths and bridleways)25—
In section 119A (diversion of footpaths and bridleways crossing railways)26—
In section 119B (diversion of certain highways for purposes of crime prevention, etc)27, in subsection (14)—
In section 119E (provisions supplementary to section 119D)28, in subsection (6)—
In section 120 (exercise of powers of making public path extinguishment and diversion orders), in subsections (1) and (3), for “or bridleway”, in each place where it occurs, there is substituted “, bridleway or restricted byway”. In section 121 (supplementary provisions as to public path extinguishment and diversion orders), in subsection (2)(b), for the words from “a footpath” to “byway or” there is substituted “a footpath, bridleway or restricted byway included a reference to”. In section 135 (authorisation of other works disturbing footpath or bridleway)29—
In section 146 (duty to maintain stiles etc on footpaths and bridleways)30—
In section 275 (contributions by councils and local planning authorities towards expenses incurred in connection with footpaths and bridleways)—
In section 300 (right of local authorities to use vehicles and appliances on footways and bridleways)31—
In Schedule 6 (provisions as to making, confirmation, validity and date of operation of certain orders relating to footpaths and bridleways)32—
In Schedule 12A (further powers of highway authorities and councils in relation to interference with highways)33, in paragraph 3(3), for “or bridleway” there is substituted “, bridleway or restricted byway”. | |
Wildlife and Countryside Act 198134, sections 59 and 62. | In section 59 (prohibition on keeping bulls on land crossed by public rights of way), in subsection (1), after “right of way to which this Part applies” there is inserted “or a restricted byway”. In section 62 (appointment of wardens for public rights of way), after “bridleway” there is inserted “, restricted byway”. |
Telecommunications Act 198435, Schedule 2 (so far as it relates to footpaths and bridleways). | In Schedule 2 (the telecommunications code)—
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Road Traffic Regulation Act 198436, section 15 (so far as it relates to footpaths, bridleways, cycle tracks and byways open to all traffic), section 22A, section 58 (so far as it relates to public paths) and section 127. | In section 15 (duration of orders and notices under section 14)37, in subsection (1)(a), after “bridleway,” there is inserted “restricted byway,”. In section 22A (traffic regulation on certain roads for purpose of conserving natural beauty)38, in subsection (1)(c), after “bridleway” there is inserted “, a restricted byway”. In section 58 (consents for purposes of section 57(1)), in subsection (1)(b)—
In section 127 (footpaths, bridleways and byways open to all traffic)—
In section 142 (general interpretation of Act), after the definition of “public service vehicle” there is inserted—
|
Road Traffic Act 198839, section 33. | In section 33 (control of use of footpaths and bridleways for motor vehicle trials)—
|
Town and Country Planning Act 199040, sections 257 to 261 and Schedule 14 (so far as they relate to footpaths and bridleways). | In section 257 (footpaths and bridleways affected by development: orders by other authorities)—
In section 258 (extinguishment of public rights of way over land held for planning purposes), in subsection (1), for “or bridleway” there is substituted “, bridleway or restricted byway”. In section 259 (confirmation of orders made by other authorities), in subsection (3)(a), for “or bridleway” there is substituted “, bridleway or restricted byway”. In section 260 (electronic communications apparatus: orders by or on application of other authorities), in subsection (1)(b), for “or bridleway” there is substituted “, bridleway or restricted byway”. In section 261 (temporary stopping up of highways for mineral workings), in subsection (2), for “or bridleway”, in each place where it occurs, there is substituted “, bridleway or restricted byway”. In section 336 (interpretation), in subsection (1), after the definition of “restoration condition” there is inserted—
In Schedule 14 (procedure for footpaths and bridleways orders), in paragraph 1(2)(c)(i), for “or bridleway” there is substituted “, bridleway or restricted byway”. |
Water Industry Act 199141, Schedule 11 (so far as it relates to footpaths and bridleways). | In Schedule 11 (orders conferring compulsory works powers)—
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Water Resources Act 199142, Schedule 19 (so far as it relates to footpaths and bridleways). | In Schedule 19 (orders conferring compulsory works powers)—
|
Transport and Works Act 199243, sections 47 and 48. | In section 47 (stopping up and diversion of crossings)—
In section 48 (footpaths and bridleways over railways)—
|
PART IISUBORDINATE LEGISLATION
Column 1 | Column 2 |
---|---|
Provisions applying in relation to restricted byways | Amendments |
Motor Vehicle (Competitions and Trials) Regulations 196944, paragraph (14) of Schedule 2. | In paragraph (14) of Schedule 2 (particulars to be given in the application for authorisation), for sub-paragraph (ix) there is substituted—
|
Local Authorities (Publicity Account) (Exemption) Order 198745, paragraph 7 of the Schedule. | In paragraph 7 of the Schedule (descriptions of exempt publicity), for “or bridleway” there is substituted “, bridleway or restricted byway”. |
Road Traffic (Temporary Restrictions) Procedure Regulations 199246, regulations 2, 4 and 11. | In paragraph (1) of regulation 2 (general interpretation), after “cycle track” there is inserted “, restricted byway”. In regulation 4 (footpaths, bridleway, cycle tracks and byway open to all traffic), for “or byway open to all traffic”, in each place where it occurs, there is substituted “, byway open to all traffic or restricted byway”. In regulation 11 (footpaths, bridleways, cycle tracks and byways open to all traffic), for “or byway open to all traffic” there is substituted “, byway open to all traffic or restricted byway”. |
Rail Crossing Extinguishment and Diversion Orders Regulations 199347, regulation 1 and Schedules 1, 2 and 3. | In paragraph (2) of regulation 1 (citation, commencement and interpretation), for “and bridleways”, in each place where it occurs, there is substituted “, bridleways and restricted byways”. In the forms set out in Schedule 1—
In the forms set out in Schedule 2 and Schedule 3, after “[bridleway]”, in each place where it occurs, there is inserted “[restricted byway]”. |
Town and Country Planning (Public Path Orders) Regulations 199348, regulation 1 and Schedules 1 and 2. | In paragraph (2) of regulation 1 (citation, commencement and interpretation), in the definition of “public path order”, for “and bridleways” there is substituted “, bridleways and restricted byways”. In forms 1 and 2 of Schedule 1 (forms of public path order) and forms 1 and 2 of Schedule 2 (forms of notice), after “[bridleway]” in each place where it occurs there is inserted “[restricted byway]”. |
Public Path Orders Regulations 199349, regulations 1 and 3 and Schedules 1 and 2. | In paragraph (2) of regulation 1 (citation, commencement and interpretation), for “and bridleways” in each place where it occurs, there is substituted “, bridleways and restricted byways”. In paragraph (1) of regulation 3 (notices of order), for “and bridleways” there is substituted “, bridleways and restricted byways”. In Schedules 1 and 2 (forms of order and forms of notice of orders), after “[bridleway]”, in each place where it occurs, there is inserted “[restricted byway]”. |
Wildlife and Countryside (Definitive Maps and Statements) Regulations 199350, Schedules 1, 3, 5, 7 and 8. | In Schedule 1 (notation to be used on definitive maps), in paragraph (c) for “road used as a public path” there is substituted “restricted byway”. In Schedule 3 (form of reclassification order), Schedule 5 (form of notice of modification or reclassification order), Schedule 7 (form of application for modification order), and Schedule 8 (form of notice of application for modification order), after “[bridleway]”, in each place where it occurs, there is inserted “[restricted byway]”. In Schedule 3, for the words “road[s] used as [a] public path[s]”, there is substituted “way[s]”. In Schedule 5, before the words “road used as a public path”, there is inserted “way formerly classified as a”. |
Local Authorities (Recovery of Costs for Public Path Orders) Regulations 199351, regulation 2. | In paragraph (1) of regulation 2 (interpretation and application)—
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Hedgerows Regulations 199752, Schedule 1. | In paragraph 8(a) of Part 2 of Schedule 1 (additional criteria for determining “important” hedgerows), for “a road used as a public path, within the meaning of section 54 (duty to reclassify roads used as public paths) of the Wildlife and Countryside Act 1981” there is substituted “a restricted byway within the meaning of Part 2 of the Countryside and Rights of Way Act 2000”. |
Water (Compulsory Works Powers) (Notice) Regulations 199953, regulation 2. | In regulation 2 (notice to be given to prescribed persons), for “or bridleway” there is substituted “, bridleway or restricted byway”. |
Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 200054 rules 4 and 10 and Schedules 3 and 5 | In paragraph (1) of rule 4 (interpretation and notices)—
In Schedule 3 (forms of notice), in form 4—
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Local Authorities (Functions and Responsibilities) (England) Regulations 200056, Schedule 1, paragraph I, column 1. | In Schedule 1 (functions not to be the responsibility of an authority’s executive), in paragraph I relating to miscellaneous functions—
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(This note is not part of the Regulations)