Natural Environment and Rural Communities Act 2006

67Ending of certain existing unrecorded public rights of wayE+W

(1)An existing public right of way for mechanically propelled vehicles is extinguished if it is over a way which, immediately before commencement—

(a)was not shown in a definitive map and statement, or

(b)was shown in a definitive map and statement only as a footpath, bridleway or restricted byway.

But this is subject to subsections (2) to (8).

(2)Subsection (1) does not apply to an existing public right of way if—

(a)it is over a way whose main lawful use by the public during the period of 5 years ending with commencement was use for mechanically propelled vehicles,

(b)immediately before commencement it was not shown in a definitive map and statement but was shown in a list required to be kept under section 36(6) of the Highways Act 1980 (c. 66) (list of highways maintainable at public expense),

(c)it was created (by an enactment or instrument or otherwise) on terms that expressly provide for it to be a right of way for mechanically propelled vehicles,

(d)it was created by the construction, in exercise of powers conferred by virtue of any enactment, of a road intended to be used by such vehicles, or

(e)it was created by virtue of use by such vehicles during a period ending before 1st December 1930.

(3)Subsection (1) does not apply to an existing public right of way over a way if—

(a)before the relevant date, an application was made under section 53(5) of the Wildlife and Countryside Act 1981 (c. 69) for an order making modifications to the definitive map and statement so as to show the way as a byway open to all traffic,

(b)before commencement, the surveying authority has made a determination under paragraph 3 of Schedule 14 to the 1981 Act in respect of such an application, or

(c)before commencement, a person with an interest in land has made such an application and, immediately before commencement, use of the way for mechanically propelled vehicles—

(i)was reasonably necessary to enable that person to obtain access to the land, or

(ii)would have been reasonably necessary to enable that person to obtain access to a part of that land if he had had an interest in that part only.

(4)“The relevant date” means—

(a)in relation to England, 20th January 2005;

(b)in relation to Wales, 19th May 2005.

(5)Where, immediately before commencement, the exercise of an existing public right of way to which subsection (1) applies—

(a)was reasonably necessary to enable a person with an interest in land to obtain access to the land, or

(b)would have been reasonably necessary to enable that person to obtain access to a part of that land if he had had an interest in that part only,

the right becomes a private right of way for mechanically propelled vehicles for the benefit of the land or (as the case may be) the part of the land.

(6)For the purposes of subsection (3), an application under section 53(5) of the 1981 Act is made when it is made in accordance with paragraph 1 of Schedule 14 to that Act.

(7)For the purposes of subsections (3)(c)(i) and (5)(a), it is irrelevant whether the person was, immediately before commencement, in fact—

(a)exercising the existing public right of way, or

(b)able to exercise it.

(8)Nothing in this section applies in relation to an area in London to which Part 3 of the Wildlife and Countryside Act 1981 (c. 69) does not apply.

(9)Any provision made by virtue of section 48(9) of the Countryside and Rights of Way Act 2000 (c. 37) has effect subject to this section.