Welsh Statutory Instrument 2006 No. 42 (W.8)
The Public Rights of Way (Registers) (Wales) Regulations 2006
(The document as of February, 2008. Arhiv.Online Library)
2006 No. 42 (W.8)
The Public Rights of Way (Registers) (Wales) Regulations 2006
The National Assembly for Wales ("the National Assembly"), in exercise of the powers conferred upon the Secretary of State by sections 31A and 121B of the Highways Act 1980 ("the 1980 Act") and section 53B of the Wildlife and Countryside Act 1981 ("the 1981 Act"), and which are now exercisable by the National Assembly, hereby makes the following Regulations:
Title, commencement and interpretation
1.—(1) The title of these Regulations is the Public Rights of Way (Registers) (Wales) Regulations 2006 and they come into force on 15 January 2006.
(2) In these Regulations—
(b) a section 53B register, the surveying authority; and
(c) a section 121B register, the council;
(3) In these Regulations, a reference to a regulation is a reference to a regulation bearing that number in these Regulations.
(b) were deposited with the authority before 1 July 2006 and a declaration relating thereto was lodged at the same time (or later) and which continues to have effect on 1 July 2006.
(3) In relation to a section 53B register, these Regulations apply where an application is made under section 53(5) of the 1981 Act—
(b) before 1 July 2006, if the procedures under Schedule 15 to the 1981 Act have not been concluded by 1 July 2006.
(4) In relation to a section 121B register, these Regulations apply to an application to which section 121B of the 1980 Act applies.
(b) may record on that register such other information as it thinks fit.
(2) The register must include—
(b) a description of the intended effect of the map, statement, declaration or application;
(c) a description of the geographical location of the land to which the map, statement, declaration or application relates, which must include—
(ii) the address and postcode of the land on which the relevant part of the way or proposed way lies,
(iii) the name of the principal cities, towns and villages nearest to that land,
(iv) any locally-known name for the location, and
(v) the name of any community or town council established for the area in which the way or proposed way lies;
(d) subject to regulation 7, the name, address and postcode of the person who deposited the map and statement, lodged the declaration or made the application;
The section 53B register
(b) any date set by the authority for the determination of the application;
(c) the date on which the authority determines the application;
(d) the authority's decision on determining the application;
(e) where the authority is notified that the applicant has—
(ii) served notice of appeal on the National Assembly and on the authority in accordance with paragraph 4(1) of Schedule 14 to the 1981 Act,
a statement to that effect; and, on being notified of the National Assembly's decision, a statement setting out the decision and the terms of any direction given;
(2) Where an application to which these Regulations apply—
(b) results in an order coming into effect (whether in the form requested in the application or as modified by the National Assembly), the authority may retain the recorded information for as long as it thinks fit and must do so for at least 5 working days following the date on which the definitive map and statement are modified.
The section 121B register
(b) the date on which the authority determines the application;
(c) the authority's decision;
(d) the date on which an order is made and, where applicable, confirmed;
(e) where the authority is notified that the applicant has appealed to the National Assembly in accordance with section 121D of the 1980 Act, a statement to that effect; and, on being notified of the National Assembly's decision, a statement of the outcome of the appeal; and
(f) where practicable, the date, time and venue of any proposed hearing or inquiry.
Format of the registers
(b) may be kept in parts so that each part—
(ii) contains the particulars required to be included on the register by these Regulations in respect of such land.
(4) In respect of the electronic version of the register, the authority must make—
(b) provision to enable the register to be inspected at its principal office.
(5) An authority must keep the register in such manner as is suitable to enable a copy of any of the particulars contained on the register to be taken by or for any person who requests a copy in person at the principal office of the authority.
(b) if later, the date on which the authority receives a map, statement, declaration or application to which these Regulations apply,
and the register must be updated as soon as reasonably practicable (but in any event not before 1 July 2006) to take into account any of the matters set out in the paragraphs of regulations 4 and 5.
(This note is not part of the Regulations)
These Regulations prescribe the content of the information relating to public rights of way-related applications, declarations and associated documents which is to be kept, and the manner in which that information is to be kept, on registers established and maintained by local authorities in Wales.
These Regulations are made by the National Assembly for Wales in exercise of powers vested in it by the Wildlife and Countryside Act 1981 ("the 1981 Act") (as inserted by paragraph 2 of Schedule 5 to the Countryside and Rights of Way Act 2000 ("the CROW Act")) and the Highways Act 1980 ("the 1980 Act") (as inserted by paragraphs 4 and 15 of Schedule 6 to the CROW Act).
The registers to which these Regulations apply will contain information relating to applications made to, declarations lodged with, and documents deposited with, the local authority having responsibility for public rights of way in the area concerned.
Section 31A of the 1980 Act (inserted by paragraph 4 of Schedule 6 to the CROW Act) requires each local authority to set up and maintain a register containing information on maps and statements deposited, and declarations lodged, by landowners in relation to public rights of way on their land. Such maps, statements and declarations enable landowners to formally acknowledge the existence of public rights of way over their land and, in doing so, create a presumption that no further routes over their land are intended to be dedicated.
Section 53B of the 1981 Act (inserted by paragraph 2 of Schedule 5 to the CROW Act) requires each local authority to set up and maintain a register of applications made to it which request changes to its definitive map or statement; those documents forming the authority's official record of its public rights of way.
Section 121B of the 1980 Act (inserted by paragraph 15 of Schedule 6 to the CROW Act) requires each local authority to set up and maintain a register of applications made to it by owners, lessees or occupiers of any land used for agriculture, forestry or the breeding or keeping of horses, for public path extinguishment and diversion orders.
Regulation 3 prescribes the information required to be recorded on all three registers.
Regulations 4 and 5 prescribe further information to be recorded in relation to a section 53B register and a section 121B register, respectively.
Regulations 6 to 9 make provision for the manner in which the registers are to be kept, including the duty for an authority to remove from a register the name and address of any person if not to do so would cause damage or distress (regulation 7).
The registers are intended to increase knowledge among landowners and the public about matters which could result in changes to the public rights of way network; avoid duplication where more than one person may be considering making an application to a local authority requesting the same change to the definitive map and statement; increase certainty as to which paths or ways landowners intend to dedicate as public rights of way; and assist local authorities in managing their public rights of way functions.
 1980 c.66, as inserted by section 57 of, and paragraphs 4 and 15 of Schedule 6 to, the Countryside and Rights of Way Act 2000 (c.37) respectively.back
 1981 c.69, as inserted by section 51 of, and paragraph 2 of Schedule 5 to, the Countryside and Rights of Way Act 2000.back
 The functions of the Secretary of State under these sections are exercisable by the National Assembly by virtue of article 2 of, and Schedule 1 to, the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) and section 99 of the Countryside and Rights of Way Act 2000.back
 1998 c.38.back
ISBN 0 11 091250 0