Office of Public Sector Information
Section 57.
1 In section 26 of the 1980 Act (compulsory powers for creation of footpaths and bridleways) after subsection (3) there is inserted—
“(3A) The considerations to which—
(a) the Secretary of State is to have regard in determining whether or not to confirm or make a public path creation order, and
(b) a local authority are to have regard in determining whether or not to confirm such an order as an unopposed order,
include any material provision of a rights of way improvement plan prepared by any local highway authority whose area includes land over which the proposed footpath or bridleway would be created.”
2 For section 29 of the 1980 Act there is substituted—
(1) In the exercise of their functions under this Part of this Act relating to the making of public path creation agreements and public path creation orders it shall be the duty of councils to have due regard to—
(a) the needs of agriculture and forestry, and
(b) the desirability of conserving flora, fauna and geological and physiographical features.
(2) In this section, “agriculture” includes the breeding or keeping of horses.”
3 In section 31 of the 1980 Act (dedication of way as highway presumed after public use for 20 years), in subsection (6), in each of paragraphs (i) and (ii) for “six” there is substituted “ten”.
4 After section 31 of the 1980 Act there is inserted—
(1) The appropriate council shall keep, in such manner as may be prescribed, a register containing such information as may be prescribed with respect to maps and statements deposited and declarations lodged with that council under section 31(6) above.
(2) Regulations may make provision for the register to be kept in two or more parts, each part containing such information as may be prescribed with respect to such maps, statements and declarations.
(3) Regulations may make provision as to circumstances in which an entry relating to a map, statement or declaration, or anything relating to it, is to be removed from the register or from any part of it.
(4) Every register kept under this section shall be available for inspection free of charge at all reasonable hours.
(5) In this section—
“appropriate council” has the same meaning as in section 31(6) above;
“prescribed” means prescribed by regulations;
“regulations” means regulations made by the Secretary of State.”
5 In section 36 of the 1980 Act (highways maintainable at public expense) in subsection (2), after paragraph (e) there is inserted—
“(f) a highway, being a footpath, a bridleway, a restricted byway or a way over which the public have a right of way for vehicular and all other kinds of traffic, created in consequence of a special diversion order or an SSSI diversion order.”
6 In section 118 of the 1980 Act (stopping up of footpaths and bridleways) after subsection (6) there is inserted—
“(6A) The considerations to which—
(a) the Secretary of State is to have regard in determining whether or not to confirm a public path extinguishment order, and
(b) a council are to have regard in determining whether or not to confirm such an order as an unopposed order,
include any material provision of a rights of way improvement plan prepared by any local highway authority whose area includes land over which the order would extinguish a public right of way.”
7 After section 118 of the 1980 Act there is inserted—
(1) The owner, lessee or occupier of any land used for agriculture, forestry or the breeding or keeping of horses may apply to a council for the area in which the land is situated for the making of a public path extinguishment order in relation to any footpath or bridleway which crosses the land.
(2) An application under this section shall be in such form as may be prescribed and shall be accompanied by a map, on such scale as may be prescribed, showing the land over which it is proposed that the public right of way should be extinguished, and by such other information as may be prescribed.
(3) Regulations may provide—
(a) that a prescribed charge is payable on the making of an application under this section, and
(b) that further prescribed charges are payable by the applicant if the council make a public path extinguishment order on the application.
(4) An application under this section is not to be taken to be received by the council until the requirements of regulations under section 121A below have been satisfied in relation to it.
(5) A council which receives an application under this section shall determine the application as soon as reasonably practicable.
(6) Before determining to make a public path extinguishment order on an application under this section, the council may require the applicant to enter into an agreement with them to defray, or to make such contribution as may be specified in the agreement towards, any compensation which may become payable under section 28 above as applied by section 121(2) below.
(7) Where—
(a) an application under this section has been made to a council, and
(b) the council have not determined the application within four months of receiving it,
the Secretary of State may, at the request of the applicant and after consulting the council, by direction require the council to determine the application before the end of such period as may be specified in the direction.
(8) As soon as practicable after determining an application under this section, the council shall—
(a) give to the applicant notice in writing of their decision and the reasons for it, and
(b) give a copy of the notice to such other persons as may be prescribed.
(9) The council to whom an application under this section has been made may make a public path extinguishment order on the application only if the land over which the public right of way is to be extinguished by the order is that shown for the purposes of subsection (2) above on the map accompanying the application.
(10) Any reference in this Act to the map accompanying an application under this section includes a reference to any revised map submitted by the applicant in prescribed circumstances in substitution for that map.
(11) This section has effect subject to the provisions of sections 121A and 121C below.
(12) In this section—
“prescribed” means prescribed by regulations;
“regulations” means regulations made by the Secretary of State.”
8 After section 118A of the 1980 Act there is inserted—
(1) This section applies where it appears to a council—
(a) that, as respects any relevant highway for which they are the highway authority and which is in an area designated by the Secretary of State by order for the purposes of this section, the conditions in subsection (3) below are satisfied and it is expedient, for the purpose of preventing or reducing crime which would otherwise disrupt the life of the community, that the highway should be stopped up, or
(b) that, as respects any relevant highway for which they are the highway authority and which crosses land occupied for the purposes of a school, it is expedient, for the purpose of protecting the pupils or staff from—
(i) violence or the threat of violence,
(ii) harassment,
(iii) alarm or distress arising from unlawful activity, or
(iv) any other risk to their health or safety arising from such activity,
that the highway should be stopped up.
(2) In subsection (1) above “relevant highway” means—
(a) any footpath, bridleway or restricted byway,
(b) any highway which is shown in a definitive map and statement as a footpath, a bridleway, or a restricted byway, but over which the public have a right of way for vehicular and all other kinds of traffic, or
(c) any highway which is shown in a definitive map and statement as a byway open to all traffic,
but does not include a highway that is a trunk road or a special road.
(3) The conditions referred to in subsection (1)(a) above are—
(a) that premises adjoining or adjacent to the highway are affected by high levels of crime, and
(b) that the existence of the highway is facilitating the persistent commission of criminal offences.
(4) Where this section applies, the council may by order made by them and submitted to and confirmed by the Secretary of State, or confirmed as an unopposed order, extinguish the public right of way over the highway.
(5) An order under subsection (4) above is in this Act referred to as a “special extinguishment order”.
(6) Before making a special extinguishment order, the council shall consult the police authority for the area in which the highway lies.
(7) The Secretary of State shall not confirm a special extinguishment order made by virtue of subsection (1)(a) above, and a council shall not confirm such an order as an unopposed order, unless he or, as the case may be, they are satisfied that the conditions in subsection (3) above are satisfied, that the stopping up of the highway is expedient as mentioned in subsection (1)(a) above and that it is expedient to confirm the order having regard to all the circumstances, and in particular to—
(a) whether and, if so, to what extent the order is consistent with any strategy for the reduction of crime and disorder prepared under section 6 of the [1998 c. 37.] Crime and Disorder Act 1998,
(b) the availability of a reasonably convenient alternative route or, if no reasonably convenient alternative route is available, whether it would be reasonably practicable to divert the highway under section 119B below rather than stopping it up, and
(c) the effect which the extinguishment of the right of way would have as respects land served by the highway, account being taken of the provisions as to compensation contained in section 28 above as applied by section 121(2) below.
(8) The Secretary of State shall not confirm a special extinguishment order made by virtue of subsection (1)(b) above, and a council shall not confirm such an order as an unopposed order unless he or, as the case may be, they are satisfied that the stopping up of the highway is expedient as mentioned in subsection (1)(b) above and that it is expedient to confirm the order having regard to all the circumstances, and in particular to—
(a) any other measures that have been or could be taken for improving or maintaining the security of the school,
(b) whether it is likely that the coming into operation of the order will result in a substantial improvement in that security,
(c) the availability of a reasonably convenient alternative route or, if no reasonably convenient alternative route is available, whether it would be reasonably practicable to divert the highway under section 119B below rather than stopping it up, and
(d) the effect which the extinguishment of the right of way would have as respects land served by the highway, account being taken of the provisions as to compensation contained in section 28 above as applied by section 121(2) below.
(9) A special extinguishment order shall be in such form as may be prescribed by regulations made by the Secretary of State and shall contain a map, on such scale as may be prescribed, defining the land over which the public right of way is thereby extinguished.
(10) Schedule 6 to this Act has effect as to the making, confirmation, validity and date of operation of special extinguishment orders.
(1) The proprietor of a school may apply to a council for the making by virtue of section 118B(1)(b) above of a special extinguishment order in relation to any highway for which the council are the highway authority and which—
(a) crosses land occupied for the purposes of the school, and
(b) is a relevant highway as defined by section 118B(2) above.
(2) Subsections (2) to (11) of section 118ZA above shall apply to applications under this section as they apply to applications under that section, with the substitution for references to a public path extinguishment order of references to a special extinguishment order; and regulations made under that section by virtue of this subsection may make different provision for the purposes of this section and for the purposes of that section.”.
9 (1) Section 119 of the 1980 Act (diversion of footpaths and bridleways) is amended as follows.
(2) In subsection (1)(b), for “so specified” there is substituted “specified in the order or determined”.
(3) For subsection (3), there is substituted—
“(3) Where it appears to the council that work requires to be done to bring the new site of the footpath or bridleway into a fit condition for use by the public, the council shall—
(a) specify a date under subsection (1)(a) above, and
(b) provide that so much of the order as extinguishes (in accordance with subsection (1)(b) above) a public right of way is not to come into force until the local highway authority for the new path or way certify that the work has been carried out.”.
(4) In subsection (5)—
(a) after “diversion order” there is inserted “on an application under section 119ZA below or”, and
(b) for “him” there is substituted “the person who made the application or representations”.
(5) After subsection (6) there is inserted—
“(6A) The considerations to which—
(a) the Secretary of State is to have regard in determining whether or not to confirm a public path diversion order, and
(b) a council are to have regard in determining whether or not to confirm such an order as an unopposed order,
include any material provision of a rights of way improvement plan prepared by any local highway authority whose area includes land over which the order would create or extinguish a public right of way.”
10 After section 119 of the 1980 Act there is inserted—
(1) Subject to subsection (2) below, the owner, lessee or occupier of any land used for agriculture, forestry or the breeding or keeping of horses may apply to a council for the area in which the land is situated for the making of a public path diversion order in relation to any footpath or bridleway which crosses the land, on the ground that in his interests it is expedient that the order should be made.
(2) No application may be made under this section for an order which would create a new footpath or bridleway communicating with—
(a) a classified road,
(b) a special road,
(c) a GLA road, or
(d) any highway not falling within paragraph (a) or (b) above for which the Minister is the highway authority,
unless the application is made with the consent of the highway authority for the way falling within paragraph (a), (b), (c) or (d) above.
(3) No application under this section may propose the creation of a new right of way over land covered by works used by any statutory undertakers for the purposes of their undertaking or the curtilage of such land, unless the application is made with the consent of the statutory undertakers; and in this subsection “statutory undertaker” and “statutory undertaking” have the same meaning as in Schedule 6 to this Act.
(4) An application under this section shall be in such form as may be prescribed and shall be accompanied by a map, on such scale as may be prescribed—
(a) showing the existing site of so much of the line of the path or way as it is proposed to divert and the new site to which it is proposed to be diverted,
(b) indicating whether it is proposed to create a new right of way over the whole of the new site or whether some of it is already comprised in a footpath or bridleway, and
(c) where some part of the new site is already so comprised, defining that part,
and by such other information as may be prescribed.
(5) Regulations may provide—
(a) that a prescribed charge is payable on the making of an application under this section, and
(b) that further prescribed charges are payable by the applicant if the council make a public path diversion order on the application.
(6) An application under this section is not to be taken to be received by the council until the requirements of regulations under section 121A below have been satisfied in relation to it.
(7) A council which receives an application under this section shall determine the application as soon as reasonably practicable.
(8) Where—
(a) an application under this section has been made to a council, and
(b) the council have not determined the application within four months of receiving it,
the Secretary of State may, at the request of the applicant and after consulting the council, by direction require the council to determine the application before the end of such period as may be specified in the direction.
(9) As soon as practicable after determining an application under this section, the council shall—
(a) give to the applicant notice in writing of their decision and the reasons for it, and
(b) give a copy of the notice to such other persons as may be prescribed.
(10) The council to whom an application under this section has been made may make a public path diversion order on the application only if—
(a) the land over which the public right of way is to be extinguished by the order, and
(b) the new site to which the path or way is to be diverted,
are those shown for the purposes of subsection (4) above on the map accompanying the application.
(11) Any reference in this Act to the map accompanying an application under this section includes a reference to any revised map submitted by the applicant in prescribed circumstances in substitution for that map.
(12) This section has effect subject to the provisions of sections 121A and 121C below.
(13) In this section—
“prescribed” means prescribed by regulations;
“regulations” means regulations made by the Secretary of State.”
11 (1) Section 119A (diversion of footpaths and bridleways crossing railways) is amended as follows.
(2) In subsection (2)(b), for “so specified” there is substituted “specified in the order or determined under subsection (7) below”.
(3) For subsection (7) there is substituted—
“(7) Where it appears to the council that work requires to be done to bring the new site of the footpath or bridleway into a fit condition for use by the public, the council shall—
(a) specify a date under subsection (2)(a) above, and
(b) provide that so much of the order as extinguishes (in accordance with subsection (2)(b) above) a public right of way is not to come into force until the local highway authority for the new path or way certify that the work has been carried out.”.
12 After section 119A of the 1980 Act there is inserted—
(1) This section applies where it appears to a council—
(a) that, as respects any relevant highway for which they are the highway authority and which is in an area designated by the Secretary of State by order under section 118B(1)(a) above, the conditions in subsection (3) below are satisfied and it is expedient, for the purpose of preventing or reducing crime which would otherwise disrupt the life of the community, that the line of the highway, or part of that line should be diverted (whether on to land of the same or another owner, lessee or occupier), or
(b) that, as respects any relevant highway for which they are the highway authority and which crosses land occupied for the purposes of a school, it is expedient, for the purpose of protecting the pupils or staff from—
(i) violence or the threat of violence,
(ii) harassment,
(iii) alarm or distress arising from unlawful activity, or
(iv) any other risk to their health or safety arising from such activity,
that the line of the highway, or part of that line, should be diverted (whether on to land of the same or another owner, lessee or occupier).
(2) In subsection (1) above “relevant highway” means—
(a) any footpath, bridleway or restricted byway,
(b) any highway which is shown in a definitive map and statement as a footpath, a bridleway, or a restricted byway, but over which the public have a right of way for vehicular and all other kinds of traffic, or
(c) any highway which is shown in a definitive map and statement as a byway open to all traffic,
but does not include a highway that is a trunk road or a special road.
(3) The conditions referred to in subsection (1)(a) above are—
(a) that premises adjoining or adjacent to the highway are affected by high levels of crime, and
(b) that the existence of the highway is facilitating the persistent commission of criminal offences.
(4) Where this section applies, the council may by order made by them and submitted to and confirmed by the Secretary of State, or confirmed as an unopposed order—
(a) create, as from such date as may be specified in the order, any such—
(i) new footpath, bridleway or restricted byway, or
(ii) in a case falling within subsection (2)(b) or (c) above, new highway over which the public have a right of way for vehicular and all other kinds of traffic,
as appears to the council requisite for effecting the diversion, and
(b) extinguish, as from such date as may be specified in the order or determined in accordance with the provisions of subsection (8) below, the public right of way over so much of the highway as appears to the council to be requisite for the purpose mentioned in paragraph (a) or (b) of subsection (1) above.
(5) An order under subsection (4) above is in this Act referred to as a “special diversion order”.
(6) Before making a special diversion order, the council shall consult the police authority for the area in which the highway is situated.
(7) A special diversion order shall not alter a point of termination of the highway—
(a) if that point is not on a highway, or
(b) (where it is on a highway) otherwise than to another point which is on the same highway, or a highway connected with it.
(8) Where it appears to the council that work requires to be done to bring the new site of the highway into a fit condition for use by the public, the council shall—
(a) specify a date under subsection (4)(a) above, and
(b) provide that so much of the order as extinguishes (in accordance with subsection (4)(b) above) a public right of way is not to come into force until the local highway authority for the new highway certify that the work has been carried out.
(9) A right of way created by a special diversion order may be either unconditional or (whether or not the right of way extinguished by the order was subject to limitations or conditions of any description) subject to such limitations or conditions as may be specified in the order.
(10) The Secretary of State shall not confirm a special diversion order made by virtue of subsection (1)(a) above, and a council shall not confirm such an order as an unopposed order unless he or, as the case may be, they are satisfied that the conditions in subsection (3) above are satisfied, that the diversion of the highway is expedient as mentioned in subsection (1)(a) above and that it is expedient to confirm the order having regard to all the circumstances, and in particular to—
(a) whether and, if so, to what extent the order is consistent with any strategy for the reduction of crime and disorder prepared under section 6 of the [1998 c. 37.] Crime and Disorder Act 1998,
(b) the effect which the coming into operation of the order would have as respects land served by the existing public right of way, and
(c) the effect which any new public right of way created by the order would have as respects the land over which the right is so created and any land held with it,
so, however, that for the purposes of paragraphs (b) and (c) above the Secretary of State or, as the case may be, the council shall take into account the provisions as to compensation contained in section 28 above as applied by section 121(2) below.
(11) The Secretary of State shall not confirm a special diversion order made by virtue of subsection (1)(b) above, and a council shall not confirm such an order as an unopposed order unless he or, as the case may be, they are satisfied that the diversion of the highway is expedient as mentioned in subsection (1)(b) above and that it is expedient to confirm the order having regard to all the circumstances, and in particular to—
(a) any other measures that have been or could be taken for improving or maintaining the security of the school,
(b) whether it is likely that the coming into operation of the order will result in a substantial improvement in that security,
(c) the effect which the coming into operation of the order would have as respects land served by the existing public right of way, and
(d) the effect which any new public right of way created by the order would have as respects the land over which the right is so created and any land held with it,
so, however, that for the purposes of paragraphs (c) and (d) above the Secretary of State or, as the case may be, the council shall take into account the provisions as to compensation contained in section 28 above as applied by section 121(2) below.
(12) A special diversion order shall be in such form as may be prescribed by regulations made by the Secretary of State and shall contain a map, on such scale as may be so prescribed—
(a) showing the existing site of so much of the line of the highway as is to be diverted by the order and the new site to which it is to be diverted,
(b) indicating whether a new right of way is created by the order over the whole of the new site or whether some part of it is already comprised in a highway, and
(c) where some part of the new site is already so comprised, defining that part.
(13) Schedule 6 to this Act has effect as to the making, confirmation, validity and date of operation of special diversion orders.
(14) Section 27 above (making up of new footpaths and bridleways) applies to a highway created by a special diversion order with the substitution—
(a) for references to a footpath or bridleway of references to a footpath, a bridleway, a restricted byway or a highway over which the public have a right of way for vehicular and all other kinds of traffic,
(b) for references to a public path creation order of references to a special diversion order, and
(c) for references to section 26(2) above of references to section 120(3) below.
(15) Neither section 27 nor section 36 above is to be regarded as obliging a highway authority to provide on any highway created by a special diversion order a metalled carriage-way.
(1) The proprietor of a school may apply to a council for the making by virtue of section 119B(1)(b) above of a special diversion order in relation to any highway for which the council are the highway authority and which—
(a) crosses land occupied for the purposes of the school, and
(b) is a relevant highway as defined by section 119B(2) above.
(2) No application may be made under this section for an order which would create a new highway communicating with—
(a) a classified road,
(b) a special road,
(c) a GLA road, or
(d) any highway not falling within paragraph (a) or (b) above for which the Minister is the highway authority,
unless the application is made with the consent of the highway authority for the way falling within paragraph (a), (b), (c) or (d) above.
(3) Before determining to make a special diversion order on an application under this section, the council may require the applicant to enter into an agreement with them to defray, or to make such contribution as may be specified in the agreement towards—
(a) any compensation which may become payable under section 28 above as applied by section 121(2) below, or
(b) to the extent that the council are the highway authority for the highway in question, any expenses which they may incur in bringing the new site of the highway into fit condition for use by the public, or
(c) to the extent that the council are not the highway authority, any expenses which may become recoverable from them by the highway authority under the provisions of section 27(2) above as applied by section 119B(14) above.
(4) Subsections (3) to (12) of section 119ZA above shall apply to applications under this section as they apply to applications under that section, with the substitution—
(a) for references to a public path diversion order of references to a special diversion order, and
(b) for references to a footpath or bridleway of references to a highway,
and regulations made under that section by virtue of this subsection may make different provision for the purposes of this section and for the purposes of that section.
Countryside and Rights of Way Act 2000