Part III Public Rights of Way
Ascertainment of public rights of way
C153 Duty to keep definitive map and statement under continuous review.
1
In this Part “definitive map and statement”, in relation to any area, means, subject to section 57(3),—
a
the latest revised map and statement prepared in definitive form for that area under section 33 of the 1949 Act; or
b
where no such map and statement have been so prepared, the original definitive map and statement prepared for that area under section 32 of that Act; or
c
where no such map and statement have been so prepared, the map and statement prepared for that area under section 55(3).
2
As regards every definitive map and statement, the surveying authority shall—
a
as soon as reasonably practicable after the commencement date, by order make such modifications to the map and statement as appear to them to be requisite in consequence of the occurrence, before that date, of any of the events specified in subsection (3); and
b
as from that date, keep the map and statement under continuous review and as soon as reasonably practicable after the occurrence, on or after that date, of any of those events, by order make such modifications to the map and statement as appear to them to be requisite in consequence of the occurrence of that event.
3
The events referred to in subsection (2) are as follows—
a
the coming into operation of any enactment or instrument, or any other event, whereby—
i
a highway shown or required to be shown in the map and statement has been authorised to be stopped up, diverted, widened or extended;
ii
a highway shown or required to be shown in the map and statement as a highway of a particular description has ceased to be a highway of that description; or
iii
a new right of way has been created over land in the area to which the map relates, being a right of way such that the land over which the right subsists is a public path;
b
the expiration, in relation to any way in the area to which the map relates, of any period such that the enjoyment by the public of the way during that period raises a presumption that the way has been dedicated as a public path;
c
the discovery by the authority of evidence which (when considered with all other relevant evidence available to them) shows—
i
that a right of way which is not shown in the map and statement subsists or is reasonably alleged to subsist over land in the area to which the map relates, being a right of way to which this Part applies;
ii
that a highway shown in the map and statement as a highway of a particular description ought to be there shown as a highway of a different description; or
iii
that there is no public right of way over land shown in the map and statement as a highway of any description, or any other particulars contained in the map and statement require modification.
4
The modifications which may be made by an order under subsection (2) shall include the addition to the statement of particulars as to—
a
the position and width of any public path or byway open to all traffic which is or is to be shown on the map; and
b
any limitations or conditions affecting the public right of way thereover.
5
Any person may apply to the authority for an order under subsection (2) which makes such modifications as appear to the authority to be requisite in consequence of the occurrence of one or more events falling within paragraph (b) or (c) of subsection (3); and the provisions of Schedule 14 shall have effect as to the making and determination of applications under this subsection.
6
Orders under subsection (2) which make only such modifications as appear to the authority to be requisite in consequence of the occurrence of one or more events falling within paragraph (a) of subsection (3) shall take effect on their being made; and the provisions of Schedule 15 shall have effect as to the making, validity and date of coming into operation of other orders under subsection (2).