Legislation

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Rights of Way have been affected by several pieces of legislation since the National Parks and Access to the Countryside Act 1949 which created the requirement for definitive maps and statements and defined public rights of way. Legislation affecting rights of way in the last decade include:

The Natural Environment & Rural Communities Act 2006 (NERC) limits the recording of public vehicular highways on the Definitive Map. This is a complex piece of legislation, the interpetation of which is being challenged in the Courts. Further explanation can be found in the Act's explanatory notes; on the NERC page of this site; and for IPROW members on the IPROWiki Judicial Review and Application of NERC to Inclosure Roads.

Equality Act 2010

Growth and Infrastructure Act 2013

Anti-social Behaviour, Crime and Policing Act 2014

Countryside and Rights of Way Act 2000 (CROW) brought in the duty to prepare Rights of Way Improvement Plans. CROW also had some effect on the duties and powers of Highway Authorities in managing rights of way according to the National Parks and Access to the Countryside Act 1949, the Countryside Act 1968, the Highways Act 1980 and the Wildlife and Countryside Act 1981 and with regard to Local Transport Plan and Nature Conservation issues.

Not all the changes proposed in CROW have come into effect, even though the Act has been passed into law and it remains for the government to pass regulations to bring certain proposals into effect. It is possible that some proposed changes will never be brought into effect and the government may revoke certain parts of the Act.

Rights of way are highways in law and while the National Parks and Access to the Countryside Act 1949 secured the creation of definitive maps and statements, upon which certain types of rights of way were to be recorded (often for the first time), other earlier pieces of legislation had an impact on rights of way. Significant pieces of legislation include the Rights of Way Act 1932 (now largely embodied in s31 Highways Act 1980) and the Highway Act 1835, which is particularly significant with respect to modern maintenance liability for some byways and restricted byways.

Relevant legislation:

Many Acts and Statutory Instruments are available on legislation.gov.uk although this becomes more sketchy as . Enter the name and date of the act if known, or search key words, or browse acts.

Past Legislation Provisions

The Ramblers has a useful list of superseded provisions relating to definitive map legislation as an 'extra' to the 'Blue Book' (Rights of Way: a guide to law and practice by John Riddall and John Trevelyan).