Active Travel (Wales) Act 2013

2 Meaning of “active travel route” and “related facilities” etc.

(1) For the purposes of this Act a route in a local authority’s area is an active travel route if—

(a) the route is situated in a designated locality in the area, and

(b) the local authority considers that it is appropriate for it to be regarded as an active travel route.

(2) In this section “route” means a highway, or any other route to which the public has access, (including a crossing of a highway or any such route) and which may lawfully be used by, or by any description of, walkers and cyclists.

(3) In this Act “walkers and cyclists” means—

(a) people who walk,

(b) people who use pedal cycles, other than pedal cycles which are motor vehicles for the purposes of the Road Traffic Act 1988, and

(c) disabled people not within paragraph (a) or (b) who use motorised wheelchairs, mobility scooters or other aids to mobility.

(4) In this Act “designated”, in relation to a locality, means specified, or of a description specified, in a direction given by the Welsh Ministers.

(5) The Welsh Ministers may, in particular, specify a locality, or description of locality, by reference to—

(a) density of population,

(b) size,

(c) proximity to densely-populated localities above a particular size,

(d) position between such localities,

(e) proximity to community services and facilities, or

(f) potential for other reasons to be a locality, or description of locality, in which more travel is undertaken by walkers and cyclists by active travel journeys.

(6) In considering whether it is appropriate for a route to be regarded as an active travel route, a local authority must take into account—

(a) whether the route facilitates the making by, or by any description of, walkers and cyclists of active travel journeys, and

(b) whether the location, nature and condition of the route make it suitable for safe use by, or by any description of, walkers and cyclists for the making of such journeys,

and must have regard to guidance given by the Welsh Ministers.

(7) In this Act “active travel journey” means a journey made to or from a workplace or educational establishment or in order to access health, leisure or other services or facilities.

(8) For the purposes of this Act “related facilities”, in relation to an active travel route, means⁠—

(a) facilities for shelter, resting or storage,

(b) toilets or washing facilities,

(c) signage, or

(d) other facilities,

which are available for use by, or by any description of, walkers and cyclists using the active travel route.

(9) In determining whether anything constitutes related facilities for the purposes of this Act a local authority must have regard to guidance given by the Welsh Ministers.