Wildlife and Countryside Act 1981

66 Interpretation of Part III. E+W

(1) In this Part—

• “bridleway” means a highway over which the public have the following, but no other, rights of way, that is to say, a right of way on foot and a right of way on horseback or leading a horse, with or without a right to drive animals of any description along the highway;

• “byway open to all traffic” means a highway over which the public have a right of way for vehicular and all other kinds of traffic, but which is used by the public mainly for the purpose for which footpaths and bridleways are so used;

• “definitive map and statement” has the meaning given by section 53(1);

• “footpath” means a highway over which the public have a right of way on foot only, other than such a highway at the side of a public road;

• “horse” includes a pony, ass and mule, and “horseback” shall be construed accordingly;

• “public path” means a highway being either a footpath or a bridleway;

• [F1 “restricted byway” has the same meaning as in Part II of the Countryside and Rights of Way Act 2000;]

• “right of way to which this Part applies” means a right of way such that the land over which the right subsists is a public path or a byway open to all traffic;

• [F2 “surveying authority”, in relation to any area, means the county council, [F3 county borough council,] metropolitan district council, or London borough council whose area includes that area.]

(2) A highway at the side of a river, canal or other inland navigation shall not be excluded from any definition contained in subsection (1) by reason only that the public have a right to use the highway for purposes of navigation, if the highway would fall within that definition if the public had no such right thereover.

(3) The provisions of section 30(1) of the 1968 Act (riding of pedal cycles on bridleways) shall not affect the definition of bridleway in subsection (1) and any rights exercisable by virtue of those provisions shall be disregarded for the purposes of this Part.

Textual Amendments

F1 S. 66(1): definition of “restricted byway” inserted (2.5.2006 for E. and 11.5.2006 for W.) by 2000 c. 37, ss. 51, 103(3), Sch. 5 Pt. I para. 9; S.I. 2006/1172, art. 2; S.I. 2006/1279, art. 2

F2 Definition substituted by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 2, 7, Sch. 3 para. 7(6)

F3 Words in s. 66(1) inserted (1.4.1996) by 1994 c. 19, s. 66(6), Sch. 16 para. 65(8) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2