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Countryside and Rights of Way Act 2000

The Countryside and Rights of Way Act 2000 is well-known for introducing a responsible right to roam across areas of open, uncultivated countryside. See our Freedom to Roam information pages for a summary of the new access provisions and the RA's campaign to get this legislation introduced. However, Part 2 of the Act also introduces many new provisions relating to rights of way. These pages outline the new laws, and provide the latest information on the sections that are now in operation:

How has the law changed and which sections have come into effect?

Recording of Public Rights of Way

Cut-off Date (Not yet in operation)

Public rights of way are recorded on a document known as the Definitive Map. If a path is recorded on this map, then that is conclusive proof of its existence and status. However, if a path is not shown on the map that does not mean it is not a public right of way, and an application may be made for it to be added. 

Similarly, a path may be recorded on the map as being of a particular status, but there may be evidence to suggest that there are lower or higher rights, for example, it may be shown as a footpath, but if there is sufficient evidence of use by horse-riders, then it should be upgraded to a bridleway.

Applications for changes to the map are dealt with by the relevant surveying authority (county council, unitary authority, metropolitan or London borough council), and they have the power to make a "modification order" to bring about that change. However, CRWA 2000 will introduce a cut-off date of 2026 for these changes to be made. The aim is to get authorities to complete this area of work, as many have a huge backlog of applications and orders, but user groups are united in their concern that many rights of way will be lost as a result of this deadline being imposed. In fact, some authorities still have not produced a definitive map for their area, even though this is a statutory duty. In Cardiff and Stoke-on-Trent we are running campaigns to get these councils to produce a definitive map.

Natural England is leading on a project called "Lost Ways" to try and address the problem of unrecorded rights.

Combined Public Path and Legal Event Orders (Not yet in operation)

Authorities have the power to make public path orders to change the line of a right of way, for example, to extinguish or divert it. Once this change has occurred, the definitive map needs to be updated. This is really a paper exercise, conducted quite separately from the original making of the order, and often taking place at a much later date. A new provision in CRWA 2000 will enable these two processes to be combined so that the definitive map is altered immediately.

Register of Applications for Orders (Not yet in operation)

There will be a new requirement for all authorities to keep a register of applications for modification orders, and this must be made available for public inspection.

Making and Processing of Modification Orders (Not yet in operation)

There will be a provision requiring grounds of objection to be specified to modification orders and will allow the Secretary of State to disregard irrelevant objections if need be. The Secretary of State will also be allowed to direct authorities to make a modification order within a deadline where there has been a successful appeal.

Consolidated Definitive Maps (Not yet in operation)

Where local government reorganisation has taken place, some authorities have "inherited" definitive maps from a previous administration that now form part of their area. CRWA 2000 will allow local authorities to consolidate these for the first time, so that they can produce a single, standardised definitive map.

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Restricted Byways

(came into operation 2 May 2006 in England, 11 May 2006 in Wales)

Footpaths, bridleways and Byways Open to All Traffic (BOATs) are probably the most familiar types of right of way, but until recently there was also another class, Roads Used as Public Paths (RUPPs). These were introduced in 1949 with the idea that unsurfaced tracks of public status - essentially the "Green Lanes" of the country - should be put on the definitive map as something other than a footpath or bridleway, although they were predominantly used on foot or horseback. It was never clear whether these ways also had vehicular rights.

As a result of the uncertainty surrounding the definition of RUPPs, and whether or not they could be used by vehicles, the term BOAT was subsequently introduced, along with a requirement for all RUPPs to be reclassified as either footpaths, bridleways or BOATs. But, yet again, due to lack of funding, many authorities did not devote sufficient resources to this work, which often resulted in lengthy public inquiries.

To remedy this problem the Government introduced a further class of highway, the Restricted Byway. From May 2006, all remaining RUPPs were automatically reclassified as Restricted Byways, along which members of the public have the following rights:

  •  A right of way on foot
  •  A right of way on horseback or leading a horse; and
  •  A right of way in vehicles other than mechanically propelled vehicles, with or without the right to drive animals.

When the CROW Act was enacted this reclassification was without prejudice to whether there might be a right for mechanically propelled vehicles, leaving open the possibility of applications being made to “upgrade” Restricted Byways to BOATs based on vehicular evidence of use. However, the introduction of the Natural Environment and Rural Communities Act 2006 which has, subject to certain exceptions, extinguished rights for mechanically propelled vehicles means that this is unlikely.

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Public Path Orders

Applications for Path Closures and Diversions Under the Highways Act 1980 (Not yet in operation)

Owners, occupiers and lessees of land used for agriculture, forestry or the breeding and keeping of horses will soon have the right to formally apply for the closure and diversion of paths under the Highways Act 1980. This right will apply ONLY to the types of land specified, and not to other land within the same occupation or ownership.

Order-making authorities will be required to keep a register of all applications they receive. If they do not determine an application, or refuse to make an order, applicants will have a right of appeal to the Secretary of State. However, the making of orders is a discretionary power, whereas authorities have a duty to remove obstructions and protect the rights of the public to the "use and enjoyment" of all highways.

Diversions for the Protection of SSSIs (Not yet in operation)

Natural England and the Countryside Council for Wales (CCW) will also be allowed to apply for diversion orders. They will be able to exercise this power if public use of a right of way is causing, or is likely to cause, significant damage to the flora, fauna, geological or physiological features of the site. The purpose of the diversion must be to prevent such damage from taking place.

Closures/Diversions for Crime Prevention and School Security (Commenced February 2003)

Crime prevention: Government guidance makes it clear that this is intended to deal with problems on urban paths, whilst recognising that these routes are also important for many utilitarian purposes, such as routes to school, work, shops and public transport, as well as for health and pleasure. A closure or diversion can only be made if it can be demonstrated that the right of way is a plausible causes of a persistent crime problem, and realistic alternative options to tackle the causes have been examined. The new order-making powers only apply in areas that have first been designated as suffering from high levels of crime by the Secretary of State.

School security: These powers are not restricted to "high crime" areas, but can be used wherever a path crosses school grounds, to protect pupils or staff from violence or the threat of violence, harassment, alarm or distress arising from unlawful activity or any other risk to their health and safety.

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Improving the Network

Rights of Way Improvement Plans (Commenced November 2002)

All highway authorities in England and Wales are now required, by November 2007, to produce a plan looking at ways in which the local rights of way network can be improved. In particular, they are required to assess:
(a) the extent to which local rights of way meet the present and likely future needs of the public;
(b) the opportunities provided by local rights of way for exercise and other forms of open-air recreation and the enjoyment of their area;
(c) the accessibility of local rights of way to blind or partially sighted persons and others with mobility problems; and
(d) such other matters as the Secretary of State may direct.

Authorisation of Stiles, Gates and Other Structures (Not yet in operation)

Highway authorities are able to authorise the erection of stiles, gates and other structures on rights of way crossing land used for agriculture, forestry and the breeding or keeping of horses. In future, when they give these authorisations, the highway authority will be required to have regard to the needs of people with mobility problems. They will also have the power to make assessments of current structures and enter into agreements with landowners to improve them for those with mobility problems.

Over-hanging Vegetation (Commenced Jan 2001)

Where over-hanging vegetation is endangering or obstructing the passage of horse-riders, the highway authority has a new power to fell trees, or cut-back the vegetation.

Creation of New Links to Access Land (Commenced Jan 2001)

This relates directly to the new areas of access land created by CRWA 2000. Where such land is mapped, but there is currently no access to it, Natural England can ask the Secretary of State to create new public rights of way by order.

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Obstructions and Other Problems

Serving Notice on the Highway Authority (Not yet in operation)

Highway authorities have a duty to ensure that paths are kept free from obstruction. If a right of way is obstructed and the authority fails to deal with the problem, any member of the public will soon be entitled to serve notice on the highway authority asking them to remove the obstruction.

Power for Magistrates' to Order the Removal of an Obstruction (Commenced Jan 2001)

This provision is for use where someone has already been prosecuted for obstructing a path. If, the path subsequently remains blocked, further action can now be taken in the magistrates' court to order the removal of the obstruction.

Ploughing and Cropping Prosecutions (Commenced April 2001)

Previous legislation had originally specified that only the highway authority, parish, community or district council could bring proceedings in relation to ploughing and cropping offences. CRWA 2000 now allows anyone to take legal action.

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Miscellaneous Provisions

Traffic Regulation Orders to Conserve Natural Beauty (Commenced Jan 2001)

Permanent restrictions, or Traffic Regulation Orders, can now be made to prevent vehicles from using BOATs, in order to help conserve the natural beauty of an area, that is, "its flora, fauna and geological and physiographical features". Wiltshire County Council have already consulted on the making of a TRO under the new provisions to protect part of the Ridgeway National Trail from damage by off-roaders.

Vehicular Use of Bridleways (Commenced Jan 2001)

In November 1999 some motorcyclists were prosecuted for driving on a bridleway near Chesterfield, in Derbyshire, because a bridleway only has a right on foot, horseback and pedal cycle. However, the motorcyclists were acquitted because they claimed there were higher rights over the bridleway, and the prosecution was unable to refute this possibility. CRWA 2000 has changed the law to protect the status of bridleways, by placing the onus on the user of the right of way to prove that higher rights exist if they have been attempting to drive along it.

Access to Property on Common Land (Commenced April 2001)

Regulations introduced to create a legal right of access across common land for owners and occupiers of premises, who were previously charged for accessing their homes.

Reporting on Performance in Rights of Way Work (Not yet in operation)

The Secretary of State and National Assembly for Wales will be able to require any highway authority to report on its performance in carrying out its functions relating to rights of way.

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