Countryside and Rights of Way Bill - continued        House of Lords

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SCHEDULE 5
 
  DEFINITIVE MAPS AND STATEMENTS AND RESTRICTED BYWAYS
  PART I
  AMENDMENTS OF PART III OF WILDLIFE AND COUNTRYSIDE ACT 1981
     1. - (1) Section 53 of the 1981 Act is amended as follows.
 
      (2) In subsection (1) (meaning of "definitive map and statement") after "subject to section 57(3)" there is inserted "and 57A(1)".
 
      (3) In subsection (3)(a)(iii), after "public path" there is inserted "or a restricted byway".
 
      (4) In subsection (3)(c)(i) for "a right of way to which this Part applies" there is substituted "a right of way such that the land over which the right subsists is a public path or, subject to section 54A, a byway open to all traffic".
 
      (5) After subsection (4) there is inserted-
 
 
    "(4A) Subsection (4B) applies to evidence which, when considered with all other relevant evidence available to the surveying authority, shows as respects a way shown in a definitive map and statement as a restricted byway-
 
 
    (a) that before the commencement of section 43 of the Countryside and Rights of Way Act 2000 the public had a right of way for vehicular and all other kinds of traffic over that way, and
 
    (b) that the public continue to have a right of way over it.
      (4B) For the purposes of subsection (3)(c)(ii), such evidence is evidence which, when so considered, shows that the way concerned ought, subject to section 54A, to be shown in the definitive map and statement as a byway open to all traffic."
 
      (6) After subsection (5) there is inserted-
 
 
    "(5A) Evidence to which subsection (4B) applies on the commencement of section 43 of the Countryside and Rights of Way Act 2000 shall for the purposes of subsection (5) and any application made under it be treated as not having been discovered by the surveying authority before the commencement of that section."
 
     2. After section 53 of that Act there is inserted-
 
 
"Power to include modifications in other orders.     53A. - (1) This section applies to any order-
 
    (a) which is of a description prescribed by regulations made by the Secretary of State,
 
    (b) whose coming into operation would, as regards any definitive map and statement, be an event within section 53(3)(a),
 
    (c) which is made by the surveying authority, and
 
    (d) which does not affect land outside the authority's area.
      (2) The authority may include in the order such provision as it would be required to make under section 53(2)(b) in consequence of the coming into operation of the other provisions of the order.
 
      (3) An authority which has included any provision in an order by virtue of subsection (2)-
 
 
    (a) may at any time before the order comes into operation, and
 
    (b) shall, if the order becomes subject to special parliamentary procedure,
       withdraw the order and substitute for it an order otherwise identical but omitting any provision so included.
 
      (4) Anything done for the purposes of any enactment in relation to an order withdrawn under subsection (3) shall be treated for those purposes as done in relation to the substituted order.
 
      (5) No requirement for the confirmation of an order applies to provisions included in the order by virtue of subsection (2), but any power to modify an order includes power to make consequential modifications to any provision so included.
 
      (6) Provisions included in an order by virtue of subsection (2) shall take effect on the date specified under section 56(3A) as the relevant date.
 
      (7) Where any enactment provides for questioning the validity of an order on any grounds, the validity of any provision included by virtue of subsection (2) may be questioned in the same way on the grounds-
 
 
    (a) that it is not within the powers of this Part, or
 
    (b) that any requirement of this Part or of regulations made under it has not been complied with.
      (8) Subject to subsections (5) to (7), the Secretary of State may by regulations provide that any procedural requirement as to the making or coming into operation of an order to which this section applies shall not apply, or shall apply with modifications prescribed by the regulations, to so much of the order as contains provision included by virtue of subsection (2).
 
      (9) Regulations under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
 
Register of applications under section 53.     53B. - (1) Every surveying authority shall keep, in such manner as may be prescribed, a register containing such information as may be prescribed with respect to applications under section 53(5).
 
      (2) The register shall contain such information as may be prescribed with respect to the manner in which such applications have been dealt with.
 
      (3) Regulations may make provision for the register to be kept in two or more parts, each part containing such information relating to applications under section 53(5) as may be prescribed.
 
      (4) Regulations may make provision-
 
 
    (a) for a specified part of the register to contain copies of applications and of the maps submitted with them, and
 
    (b) for the entry relating to any application, and everything relating to it, to be removed from any part of the register when the application (including any appeal to the Secretary of State) has been finally disposed of (without prejudice to the inclusion of any different entry relating to it in another part of the register).
      (5) Every register kept under this section shall be available for inspection free of charge at all reasonable hours.
 
      (6) In this section-
 
 
    "prescribed" means prescribed by regulations;
 
    "regulations" means regulations made by the Secretary of State by statutory instrument;
       and a statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament."
 
     3. - (1) Until the coming into force of section 43(1) of this Act, section 54 of the 1981 Act (duty to reclassify roads used as public paths) has effect as follows.
 
      (2) In subsection (2)-
 
 
    (a) for the words from the beginning to "by" there is substituted "Where the particulars relating to any road used as a public path have been reviewed under subsection (1)(a), the definitive map and statement shall be modified so as to show that way by", and
 
    (b) the words from "and shall not" to the end are omitted.
      (3) In subsection (3), for the words "A road used as a public path" there is substituted "Such a way".
 
      (4) After subsection (5) there is inserted-
 
 
    "(5A) No order under this Part modifying a definitive map and statement, and no provision included by virtue of section 53A(2) in any order, shall use the expression "road used as a public path" to describe any way not already shown as such in the map and statement."
 
     4. After section 54 of that Act there is inserted-
 
 
"BOATs not to be added to definitive maps.     54A. - (1) No order under this Part shall, after the cut-off date, modify a definitive map and statement so as to show as a byway open to all traffic any way not shown in the map and statement as a highway of any description.
 
    (2) In this section "the cut-off date" means, subject to regulations under subsection (3), 1st January 2026.
 
      (3) The Secretary of State may make regulations-
 
 
    (a) substituting as the cut-off date a date later than the date specified in subsection (2) or for the time being substituted under this paragraph;
 
    (b) containing such transitional provisions or savings as appear to the Secretary of State to be necessary or expedient in connection with the operation of subsection (1), including in particular its operation in relation to-
 
      (i) an order under section 53(2) for which on the cut-off date an application is pending,
 
      (ii) an order under this Part which on that date has been made but not confirmed,
 
      (iii) an order under section 55 made after that date, or
 
      (iv) an order under this Part relating to any way as respects which such an order, or any provision of such an order, has after that date been to any extent quashed.
      (4) Regulations under subsection (3)(a)-
 
 
    (a) may specify different dates for different areas; but
 
    (b) may not specify a date later than 1st January 2031, except as respects an area within subsection (5).
      (5) An area is within this subsection if it is in-
 
 
    (a) the Isles of Scilly, or
 
    (b) an area which, at any time before the repeal by section 73 of this Act of sections 27 to 34 of the 1949 Act-
 
      (i) was excluded from the operation of those sections by virtue of any provision of the 1949 Act, or
 
      (ii) would have been so excluded but for a resolution having effect under section 35(2) of that Act.
      (6) Where by virtue of regulations under subsection (3) there are different cut-off dates for areas into which different parts of any way extend, the cut-off date in relation to that way is the later or latest of those dates.
 
      (7) Where it appears to the Secretary of State that any provision of this Part can by virtue of subsection (1) have no further application he may by order make such amendments or repeals in this Part as appear to him to be, in consequence, necessary or expedient.
 
      (8) An order or regulations under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament."
 
     5. In section 55 of that Act (no further surveys or reviews under the National Parks and Access to the Countryside Act 1949), after subsection (6) there is inserted-
 
 
    "(7) Every way which-
 
 
    (a) in pursuance of an order under subsection (5) is shown in a definitive map and statement as a byway open to all traffic, a bridleway or a footpath, and
 
    (b) before the making of the order, was shown in the map and statement under review as a road used as a public path,
       shall be a highway maintainable at the public expense.
 
      (8) Subsection (7) does not oblige a highway authority to provide, on a way shown in a definitive map and statement as a byway open to all traffic, a metalled carriage-way or a carriage-way which is by any other means provided with a surface suitable for the passage of vehicles."
 
     6. - (1) Section 56 of that Act (effect of definitive map and statement) is amended as follows.
 
      (2) In subsection (1)(d)-
 
 
    (a) for "road used as a public path" there is substituted "restricted byway", and
 
    (b) after "leading a horse" there is inserted "together with a right of way for vehicles other than mechanically propelled vehicles".
      (3) After subsection (1) there is inserted-
 
 
    "(1A) In subsection (1)(d) "mechanically propelled vehicle" does not include an electrically assisted pedal cycle of a class prescribed for the purposes of section 189(1)(c) of the Road Traffic Act 1988."
 
      (4) In subsection (2)-
 
 
    (a) in paragraph (a)-
 
      (i) after "this Part" there is inserted "or an order to which section 53A applies which includes provision made by virtue of subsection (2) of that section", and
 
      (ii) after "means" there is inserted ", subject to subsection (2A)," and
 
    (b) in paragraph (b), after "(3)" there is inserted "or (3A)".
      (5) After that subsection there is inserted-
 
 
    "(2A) In the case of a map prepared before the date of the coming into force of section 43 of the Countryside and Rights of Way Act 2000, subsection (2)(a) has effect in relation to any way which is shown on the map as a restricted byway with the substitution of that date for the date mentioned there."
 
      (6) After subsection (3) there is inserted-
 
 
    "(3A) Every order to which section 53A applies which includes provision made by virtue of subsection (2) of that section shall specify, as the relevant date for the purposes of the order, such date as the authority may in accordance with regulations made by the Secretary of State determine."
 
      (7) After subsection (4) there is inserted-
 
 
    "(4A) Regulations under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament."
 
      (8) Subsection (5) is omitted.
 
     7. - (1) Section 57 of that Act (supplementary provisions as to definitive maps and statements) is amended as follows.
 
      (2) In subsection (3)-
 
 
    (a) for "in accordance with" there is substituted "by one or more orders under", and
 
    (b) after "for the purposes of the foregoing provisions of this Part" there is inserted ", and for the purposes of section 57A(1),".
      (3) After subsection (6) there is inserted-
 
 
    "(6A) In subsection (1), the reference to an order under the foregoing provisions of this Part includes a reference to so much of an order to which section 53A applies as contains provision made by virtue of subsection (2) of that section; and subsections (5) and (6) apply to-
 
 
    (a) orders to which section 53A applies modifying the map and statement, and
 
    (b) such documents relating to them as may be prescribed by regulations made by the Secretary of State,
       as those subsections apply to orders under this Part modifying the map and statement.
 
      (6B) Regulations under paragraph (b) of subsection (6A) may require any document to be prepared by a surveying authority for the purposes of that paragraph, and any such document shall be in such form as may be prescribed by the regulations."
 
     8. After section 57 of that Act there is inserted-
 
 
"Consolidation of definitive maps and statements.     57A. - (1) Where in the area of a surveying authority-
 
    (a) different definitive maps and statements relate to different areas, and
 
    (b) there is no area to which no definitive map and statement relate,
       the authority may, if it appears to them expedient to do so, prepare a map and statement comprising copies of so much of each definitive map and statement as relates to the authority's area; and where they do so the map and statement so prepared and not, so far as copied, the earlier maps and statements shall be regarded for the purposes of sections 53 to 56 and 57(2) and (3) as the definitive map and statement for the area to which they relate.
 
      (2) References in subsection (1) to a definitive map and statement do not include references to-
 
 
    (a) a map and statement to which subsection (4) or (5) of section 55 applies but in respect of which the requirements of that subsection have not been complied with, or
 
    (b) a map and statement in respect of which a review under section 33 of the 1949 Act was begun before the commencement date but has been neither abandoned in pursuance of a direction under section 55(1) nor completed.
      (3) Subject to subsection (2), references in subsection (1) to a definitive map and statement are, in the case of a map and statement modified in accordance with any of the foregoing provisions of this Part, references to the map and statement as modified.
 
      (4) The statement prepared under subsection (1) shall specify, as the relevant date for the purposes of the map, such date, not being earlier than six months before the preparation of the map and statement, as the authority may determine.
 
      (5) Subsections (6) to (8) apply where, as regards any definitive map and statement ("the superseded map and statement")-
 
 
    (a) there are different surveying authorities for different parts of the area to which the map and statement relate,
 
    (b) as respects any one of those parts ("the consolidated part"), a subsequent map and statement have been prepared under subsection (1), and
 
    (c) the consolidated part is not the largest of those parts.
      (6) The surveying authority for the consolidated part shall provide to the surveying authority for the largest of the parts mentioned in subsection (5)(a) a copy of so much of the superseded map and statement as relates to the consolidated part.
 
      (7) Notwithstanding anything in section 57(5), the surveying authority for the consolidated part, if they have complied with subsection (6), shall not be required to keep available for inspection any copy of the superseded map and statement; but this subsection does not affect their duty under section 57(5) as respects copies of orders modifying the superseded map and statement.
 
      (8) Where a copy of part of the superseded map and statement is provided to a surveying authority in accordance with subsection (6), they shall keep it available for inspection at all reasonable hours free of charge at such place in their area as they may determine.
 
      (9) Every surveying authority shall take such steps as they consider expedient for bringing to the attention of the public the preparation by them of any map and statement under subsection (1)."
 
     9. In section 66(1) of that Act (interpretation of Part III) after the definition of "public path" there is inserted-
 
 
    ""restricted byway" has the same meaning as in Part II of the Countryside and Rights of Way Act 2000;".
 
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