Wildlife and Countryside Act 1981

40 Experimental schemes.

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41 Duties of agriculture Ministers with respect to the countryside.

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) In the exercise of his general duty under section 4(2) of the Small Landholders (Scotland) Act 1911 of promoting the interests of agriculture and other rural industries, and without prejudice to the generality of that duty, the Secretary of State shall make provision, through such organisation as he considers appropriate, for the giving of (a) advice to persons carrying on agricultural businesses on the conservation and enhancement of the natural beauty and amenity of the countryside; (b) advice to such persons on diversification into other enterprises of benefit to the rural economy; and (c) advice to government departments and other bodies exercising statutory functions on the promotion and furtherance of such diversification as is mentioned in paragraph (b). (3) Where an application for a farm capital grant is made as respects expenditure incurred or to be incurred for the purposes of activities on land which is in a National Park (including a National Park in Scotland)or an area specified for the purposes of this subsection by the Ministers, the appropriate Minister— (a) shall, so far as may be consistent with the purposes of the the grant provisions, so exercise his functions thereunder as to further the conservation and enhancement of the natural beauty and amenity of the countryside and to promote its enjoyment by the public; and (b) where the relevant authority have objected to the making of the grant on the ground that the activities in question have had or will have an adverse effect on the natural beauty or amenity of the countryside or its enjoyment by the public, shall not make the grant except after considering the objection and, in the case of land in England, after consulting with the Secretary of State; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) Where, in consequence of an objection by the relevant authority, an application for a grant as respects expenditure to be incurred is refused on the ground that the activities in question will have such an effect as is mentioned in subsection (3)(b), the relevant authority shall, within three months of their receiving notice of the appropriate Minister’s decision, offer to enter into, in the terms of a draft submitted to the applicant, a management agreement— (a) imposing restrictions as respects those activities; and (b) providing for the making by them of payments to the applicant. (5) In this section— “agricultural business” has the same meaning as in section 29 of the Agriculture Act 1970; “the appropriate Minister”, “farm capital grant” and “grant provisions” have the same meanings as in section 32; “management agreement” means— in relation to England, an agreement under section 39 or under section 7 of the Natural Environment and Rural Communities Act 2006, and in relation to Wales, an agreement under section 39 or under section 16 of the Environment (Wales) Act 2016; “the relevant authority” has the same meaning as in section 39 except that in relation to England it also includes Natural England and in relation to Wales it also includes the Natural Resources Body for Wales. (5A) For the purposes of this section the Broads shall be treated as a National Park (and, as respects land within the Broads, any reference in this section to the relevant authority is accordingly a reference to the Broads Authority).. (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

41A Application of sections 42 to 45 in Wales

In relation to land in Wales, sections 42 to 45 (which relate to National Parks) have effect as if references to Natural England were references to the Natural Resources Body for Wales.

42 Notification of agricultural operations on moor and heath in National Parks.

(1) A National Park authority may, if satisfied that it is expedient to do so, by order apply subsection (2) to any land which is comprised in the relevant Park and which appears to them to consist of or include moor or heath. (2) Subject to subsection (3), no person shall— (a) by ploughing or otherwise convert into agricultural land any land to which this subsection applies and which is moor or heath which has not been agricultural land at any time within the preceding 20 years; or (b) carry out on any such land any other agricultural operation or any forestry operation which (in either case) appears to the National Park authority to be likely to affect its character or appearance and is specified in the order applying this subsection to that land. (3) Subsection (2) shall not apply in relation to any operation carried out, or caused or permitted to be carried out, by the owner or occupier of the land if— (a) one of them has, after the coming into force of the order, given the National Park authority written notice of a proposal to carry out the operation, specifying its nature and the land on which it is proposed to carry it out; and (b) one of the conditions specified in subsection (4) is satisfied. (4) The said conditions are— (a) that the National Park authority have given their consent to the carrying out of the operation; (b) where that authority have neither given nor refused their consent, that three months have expired from the giving of the notice; and (c) where that authority have refused their consent, that twelve months have expired from the giving of the notice. (5) A person who, without reasonable excuse, contravenes subsection (2) shall be liable— (a) on summary conviction, to a fine not exceeding the statutory maximum; (b) on conviction on indictment, to a fine. (6) Where the National Park authority are given notice under this section in respect of any land, the authority shall forthwith send copies of the notice to Natural England . (7) In considering for the purposes of this section whether land has been agricultural land within the preceding 20 years, no account shall be taken of any conversion of the land into agricultural land which was unlawful under the provisions of this section or section 14 of the 1968 Act. (8) An order under this section shall be made by statutory instrument and the Statutory Instruments Act 1946 shall apply to such an instrument as if the order had been made by a Minister of the Crown. (9) The said section 14 (which is superseded by this section) shall cease to have effect; but this section shall have effect as if any order under that section in force immediately before the coming into force of this section had been made under this section.

43 Maps of National Parks showing certain areas of moor or heath.

(1) Every local planning authority whose area comprises the whole or any part of a National Park shall— (a) before the expiration of the period of two years beginning with the relevant date, prepare a map of the Park or the part thereof showing any areas to which this section applies whose natural beauty it is, in the opinion of the authority, particularly important to conserve; and (b) at intervals of not more than five years review the particulars contained in the map and make such revisions thereof (if any) as may be requisite. (1A) In considering under subsection (1) whether any area to which this section applies is one whose natural beauty it is particularly important to conserve, a local planning authority shall act in accordance with the guidelines from time to time issued . . . under subsection (1B). (1B) Natural England shall issue guidelines for the guidance of county planning authorities in considering as mentioned in subsection (1A), and Natural England may from time to time revise any guidelines so issued. (1C) Before issuing or revising any guidelines under subsection (1B) Natural England shall consult such bodies as appear to them to represent interests concerned; and before preparing or revising any map under subsection (1) a local planning authority shall consult such bodies as appear to the authority to represent interests concerned with matters affecting the Park or part of the Park in question. (2) The authority shall cause a map prepared or revised in pursuance of subsection (1) to be printed, and shall cause copies thereof to be put on sale to the public at such price as the authority may determine. (3) This section applies to any area of mountain, moor, heath, woodland, down, cliff or foreshore (including any bank, barrier, dune, beach, flat or other land adjacent to the foreshore); and in this section “the relevant date” means the date of issue of the first guidelines under subsection (1B).

44 Grants and loans for purposes of National Parks.

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (1A) . . .the National Park authority for such a Park may give financial assistance by way of grant or loan, or partly in one way and partly in the other, to any person in respect of expenditure incurred by him in doing anything which, in the opinion of the authority, is conducive to the attainment in the Park in question of any of the purposes mentioned in section 5(1) of the 1949 Act (purposes of conserving and enhancing the natural beauty, wildlife and cultural heritage of National Parks and of promoting opportunities for the understanding and enjoyment of the special qualities of those Parks by the public). (2) On making a grant or loan under this section the authority in question may impose such conditions as they think fit, including (in the case of a grant) conditions for repayment in specified circumstances. (3) The authority in question shall so exercise their powers under subsection (2) as to ensure that any person receiving a grant or loan under this section in respect of premises to which the public are to be admitted, whether on payment or otherwise, shall, in the means of access both to and within the premises, and in the parking facilities and sanitary conveniences to be available (if any), make provision, insofar as it is in the circumstances both practicable and reasonable, for the needs of members of the public visiting the premises who are disabled. (4) For the purposes of this section the Broads Authority shall be treated as a National Park authority and the Broads as a National Park for which it is the local planning authority.

45 Power to vary order designating National Park.

(1) Natural England(as well as the Secretary of State) shall have power to make an order amending an order made under section 5 of the 1949 Act designating a National Park . . . , and— (a) section 7(5) and (6) of that Act (consultation and publicity in connection with orders under section 5 or 7) shall apply to an order under this section as they apply to an order under section 7(4) of that Act with the substitution for the reference in section 7(5) to the Secretary of State of a reference to Natural England ; and (b) Schedule 1 to that Act (procedure in connection with the making and confirmation of orders under section 5 or 7) shall apply to an order under this section as it applies to an order designating a National Park. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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47 Grants to the Countryside Council for Wales

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49 Extension of power to appoint wardens.

(1) This section applies to any land in a National Park or in the countryside if— (a) the public are allowed access to the land; and (b) there is no power under any of the provisions of the 1949 Act and the 1968 Act for a local authority, a local planning authority, the Natural Resources Body for Wales or Natural England to appoint wardens as respects that land. (2) Subject to subsections (3) and (4) the power conferred on a local authority by section 92(1) of the 1949 Act (appointment of wardens) shall include a power, exercisable only with the agreement of the owner and of the occupier of any land to which this section applies, to appoint persons to act as wardens as respects that land. (3) The only purpose for which wardens may be appointed by virtue of subsection (2) is to advise and assist the public. (4) Notwithstanding the provisions of section 41(8) of the 1968 Act (Natural England or the Natural Resources Body for Wales to be local authority for purposes of section 92 of the 1949 Act), nothing in this section shall be construed as conferring on Natural England or the Natural Resources Body for Wales any additional power to appoint wardens.

50 Payments under certain agreements offered by authorities.

(1) This section applies where— (a) Natural England or the Natural Resources Body for Wales offer to enter into a nature reserve agreement or an SSSI agreement ... providing for the making by them of payments to any person; or (b) the relevant authority offer to enter into a management agreement providing for the making by them of payments to a person whose application for a farm capital grant has been refused in consequence of an objection by the authority. (2) Subject to subsection (3), the said payments shall be of such amounts as may be determined by the offeror in accordance with guidance given by the Ministers. (3) If the offeree so requires within one month of receiving the offer, the determination of those amounts shall be referred to an arbitrator . . . to be appointed, in default of agreement, by the Secretary of State; and where the amounts determined by the arbitrator exceed those determined by the offeror, the offeror shall— (a) amend the offer so as to give effect to the arbitrator’s . . . determination; or (b) except in the case of an offer made to a person whose application for a farm capital grant has been refused in consequence of an objection by the offeror, withdraw the offer. (4) In this section— “farm capital grant” has the same meaning as in section 32; “management agreement” and “the relevant authority” have the same meanings as in section 41. “nature reserve agreement” has the same meaning as in Part 3 of the 1949 Act; “SSSI agreement” has the same meaning as in section 15A of the 1968 Act.

51 Powers of entry.

(1) Any person authorised in writing by the relevant authority may, at any reasonable time and (if required to do so) upon producing evidence that he is authorised, enter any land for any of the following purposes— (a) to determine whether the land should be notified under section 28(1); (b) to assess the condition of the flora, fauna, or geological or physiographical features by reason of which land which has been notified under section 28(1) is of special interest; (c) to determine whether or not to offer to enter into a nature reserve agreement or an SSSI agreement ... in relation to the land; (d) to ascertain whether a condition to which a consent referred to in section 28E(3)(a) was subject has been complied with in relation to the land; (e) to ascertain whether an offence under section 28P or under byelaws made by virtue of section 28R is being, or has been, committed on or in relation to the land; (f) to formulate a management scheme for the land or determine whether a management scheme (or a proposed management scheme) for the land should be modified; (g) to prepare a management notice for the land; (h) to ascertain whether the terms of a nature reserve agreement or an SSSI agreement ... in relation to the land, or the terms of a management scheme or the requirements of a management notice in relation to the land, have been complied with; (i) to determine whether or not to offer to make a payment under section 28M in relation to the land; (j) to determine any question in relation to the acquisition of the land by agreement or compulsorily; (k) to determine any question in relation to compensation under section 20(3) of the 1949 Act as applied by section 28R of this Act; (ka) for the purposes of putting up, maintaining or removing notices or signs under section 28S; (l) to ascertain whether an order should be made in relation to the land under section 34 or if an offence under that section is being, or has been, committed on the land; (m) to ascertain whether an order should be made in relation to the land under section 42 or if an offence under that section is being, or has been, committed on the land; but nothing in this subsection shall authorise any person to enter a dwelling. (1A) The power conferred by subsection (1) to enter land for any purpose includes power to enter for the same purpose any land other than that referred to in subsection (1). (1B) More than one person may be authorised for the time being under subsection (1) to enter any land. (2) In subsection (1) “the relevant authority” means— (a) for the purposes of paragraphs (a) to (ka) of that subsection, Natural England or the Natural Resources Body for Wales; (b) for the purposes of paragraph (l) of that subsection, the Secretary of State or the relevant authority within the meaning of section 34; (c) for the purposes of paragraph (m) of that subsection, . . . the National Park authority. (2A) In subsection (1)— “nature reserve agreement” has the same meaning as in Part 3 of the 1949 Act; “SSSI agreement” has the same meaning as in section 15A of the 1968 Act. (3) A person shall not demand admission as of right to any land which is occupied unless either— (a) 24 hours notice of the intended entry has been given to the occupier; or (b) the purpose of the entry is to ascertain if an offence under section 28P, 34 or 42 is being, or has been, committed on or (as the case may be) in relation to that land. (3A) A person acting in the exercise of a power conferred by subsection (1) may— (a) use a vehicle or a boat to enter the land; (b) take a constable with him if he reasonably believes he is likely to be obstructed; (c) take with him equipment and materials needed for the purpose for which he is exercising the power of entry; (d) take samples of the land and of anything on it. (3B) If in the exercise of a power conferred by subsection (1) a person enters land which is unoccupied or from which the occupier is temporarily absent, he must on his departure leave it as effectively secured against unauthorised entry as he found it. (4) Any person who intentionally obstructs a person acting in the exercise of any power conferred by subsection (1) shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale. (5) It is the duty of a relevant authority to compensate any person who has sustained damage as a result of— (a) the exercise of a power conferred by subsection (1) by a person authorised to do so by that relevant authority, or (b) the failure of a person so authorised to perform the duty imposed on him by subsection (3B), except where the damage is attributable to the fault of the person who sustained it; and any dispute as to a person’s entitlement to compensation under this subsection or as to its amount shall be referred to an arbitrator to be appointed, in default of agreement, by the Secretary of State.

51A Summary prosecutions

(1) Proceedings in England and Wales for a summary offence under this Part may be brought within the period of 6 months beginning with the date on which evidence sufficient in the opinion of the prosecutor to warrant the proceedings came to his knowledge. (2) But subsection (1) does not authorise the commencement of proceedings for an offence more than 2 years after the date on which the offence was committed. (3) For the purposes of this section, a certificate signed by or on behalf of the prosecutor and stating the date on which evidence sufficient in his opinion to warrant the proceedings came to his knowledge shall be conclusive evidence of that fact. (4) A certificate stating that matter and purporting to be so signed shall be deemed to be so signed unless the contrary is proved.

52 Interpretation of Part II.

(1) In this Part, unless the context otherwise requires,— “agricultural land” does not include land which affords rough grazing for livestock but is not otherwise used as agricultural land; “estuarial waters” has the meaning given by section 28(9A); “the Ministers”, in the application of this Part to England, means the Secretary of State and the Minister of Agriculture, Fisheries and Food, and, in the application of this Part to Scotland or Wales, means the Secretary of State. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . “notice” and “notification” mean notice or notification in writing; “site of special scientific interest” means an area of land which has been notified under section 28(1)(b); (2) In the application of this Part to England (except as respects a National Park for which a National Park authority is the local planning authority, a metropolitan county or Greater London) . . . references to a local planning authority shall be construed— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) . . . as references to a county planning authority and a district planning authority; and in the application of this Part to Scotland references to a local planning authority shall be construed as references to a regional planning authority, a general planning authority and a district planning authority and, in sections 28 to 28D, shall also be construed in accordance with section 28(10);. (2A) Where a notification under section 28(1)(b) has been— (a) modified under section 28(5)(b), (b) varied under section 28A(3), or (c) varied with modifications under section 28A(5)(b), (d) extended under section 28B(2), or (e) extended with modifications by virtue of section 28B(7), a reference to such a notification (however expressed) is (unless the context otherwise requires) a reference to the notification as thus altered. (2B) References to a notification under section 28(1) or 28(5)(b), or to a local land charge existing by virtue of section 28(9), shall be construed in accordance with section 28C(9). (2C) For the purposes of this Part, in relation to land in England and Wales which is common land subject to rights of common (within the meaning of the Commons Act 2006), “occupier” includes the commoners or any of them; and (a) “common land” means common land as defined in section 22 of the Commons Registration Act 1965; and (b) “commoner” means a person with rights of common as defined in that section. the persons with such rights or any of them and any commons council established under Part 2 of the Commons Act 2006 for that land (3) References in this Part to the conservation of the natural beauty of any land shall be construed as including references to the conservation of its flora, fauna and geological and physiographical features. (4) Section 114 of the 1949 Act shall apply for the construction of this Part. (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

53 Duty to keep definitive map and statement under continuous review.

(1) In this Part “definitive map and statement”, in relation to any area, means, subject to section 57(3) and 57A(1),— (a) the latest revised map and statement prepared in definitive form for that area under section 33 of the 1949 Act; or (b) where no such map and statement have been so prepared, the original definitive map and statement prepared for that area under section 32 of that Act; or (c) where no such map and statement have been so prepared, the map and statement prepared for that area under section 55(3). (2) As regards every definitive map and statement, the surveying authority shall— (a) as soon as reasonably practicable after the commencement date, by order make such modifications to the map and statement as appear to them to be requisite in consequence of the occurrence, before that date, of any of the events specified in subsection (3); and (b) as from that date, keep the map and statement under continuous review and as soon as reasonably practicable after the occurrence, on or after that date, of any of those events, by order make such modifications to the map and statement as appear to them to be requisite in consequence of the occurrence of that event. (3) The events referred to in subsection (2) are as follows— (a) the coming into operation of any enactment or instrument, or any other event, whereby— (i) a highway shown or required to be shown in the map and statement has been authorised to be stopped up, diverted, widened or extended; (ii) a highway shown or required to be shown in the map and statement as a highway of a particular description has ceased to be a highway of that description; or (iii) a new right of way has been created over land in the area to which the map relates, being a right of way such that the land over which the right subsists is a public path or a restricted byway; (b) the expiration, in relation to any way in the area to which the map relates, of any period such that the enjoyment by the public of the way during that period raises a presumption that the way has been dedicated as a public path or restricted byway ; (c) the discovery by the authority of evidence which (when considered with all other relevant evidence available to them) shows— (i) that a right of way which is not shown in the map and statement subsists or is reasonably alleged to subsist over land in the area to which the map relates, being a right of way such that the land over which the right subsists is a public path , a restricted byway or, subject to section 54A, a byway open to all traffic; (ii) that a highway shown in the map and statement as a highway of a particular description ought to be there shown as a highway of a different description; or (iii) that there is no public right of way over land shown in the map and statement as a highway of any description, or any other particulars contained in the map and statement require modification. (4) The modifications which may be made by an order under subsection (2) shall include the addition to the statement of particulars as to— (a) the position and width of any public path , restricted byway or byway open to all traffic which is or is to be shown on the map; and (b) any limitations or conditions affecting the public right of way thereover. (4A) Subsection (4B) applies to evidence which, when considered with all other relevant evidence available to the surveying authority, shows as respects a way shown in a definitive map and statement as a restricted byway that the public have, and had immediately before the commencement of section 47 of the Countryside and Rights of Way Act 2000, a right of way for vehicular and all other kinds of traffic over that way. (4B) For the purposes of subsection (3)(c)(ii), such evidence is evidence which, when so considered, shows that the way concerned ought, subject to section 54A, to be shown in the definitive map and statement as a byway open to all traffic. (5) Any person may apply to the authority for an order under subsection (2) which makes such modifications as appear to the authority to be requisite in consequence of the occurrence of one or more events falling within paragraph (b) or (c) of subsection (3); and the provisions of Schedule 14 shall have effect as to the making and determination of applications under this subsection. (5A) Evidence to which subsection (4B) applies on the commencement of section 47 of the Countryside and Rights of Way Act 2000 shall for the purposes of subsection (5) and any application made under it be treated as not having been discovered by the surveying authority before the commencement of that section. (6) Orders under subsection (2) which make only such modifications as appear to the authority to be requisite in consequence of the occurrence of one or more events falling within paragraph (a) of subsection (3) shall take effect on their being made; and the provisions of Schedule 15 shall have effect as to the making, validity and date of coming into operation of other orders under subsection (2).

53A Power to include modifications in other orders.

(1) This section applies to any order— (a) which is of a description prescribed by regulations made by the Secretary of State, (b) whose coming into operation would, as regards any definitive map and statement, be an event within section 53(3)(a), (c) which is made by the surveying authority, and (d) which does not affect land outside the authority’s area. (2) The authority may include in the order such provision as it would be required to make under section 53(2)(b) in consequence of the coming into operation of the other provisions of the order. (3) An authority which has included any provision in an order by virtue of subsection (2)— (a) may at any time before the order comes into operation, and (b) shall, if the order becomes subject to special parliamentary procedure, withdraw the order and substitute for it an order otherwise identical but omitting any provision so included. (4) Anything done for the purposes of any enactment in relation to an order withdrawn under subsection (3) shall be treated for those purposes as done in relation to the substituted order. (5) No requirement for the confirmation of an order applies to provisions included in the order by virtue of subsection (2), but any power to modify an order includes power to make consequential modifications to any provision so included. (6) Provisions included in an order by virtue of subsection (2) shall take effect on the date specified under section 56(3A) as the relevant date. (7) Where any enactment provides for questioning the validity of an order on any grounds, the validity of any provision included by virtue of subsection (2) may be questioned in the same way on the grounds— (a) that it is not within the powers of this Part, or (b) that any requirement of this Part or of regulations made under it has not been complied with. (8) Subject to subsections (5) to (7), the Secretary of State may by regulations provide that any procedural requirement as to the making or coming into operation of an order to which this section applies shall not apply, or shall apply with modifications prescribed by the regulations, to so much of the order as contains provision included by virtue of subsection (2). (9) Regulations under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

53B Register of applications under section 53.

(1) Every surveying authority shall keep, in such manner as may be prescribed, a register containing such information as may be prescribed with respect to applications under section 53(5). (2) The register shall contain such information as may be prescribed with respect to the manner in which such applications have been dealt with. (3) Regulations may make provision for the register to be kept in two or more parts, each part containing such information relating to applications under section 53(5) as may be prescribed. (4) Regulations may make provision— (a) for a specified part of the register to contain copies of applications and of the maps submitted with them, and (b) for the entry relating to any application, and everything relating to it, to be removed from any part of the register when— (i) the application (including any appeal to the Secretary of State) has been finally disposed of, and (ii) if an order is made, a decision has been made to confirm or not to confirm the order, (without prejudice to the inclusion of any different entry relating to it in another part of the register). (5) Every register kept under this section shall be available for inspection free of charge at all reasonable hours. (6) In this section— “prescribed” means prescribed by regulations; “regulations” means regulations made by the Secretary of State by statutory instrument; and a statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

54 Duty to reclassify roads used as public paths.

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55 No further surveys or reviews under the 1949 Act.

(1) No survey under sections 27 to 32 of the 1949 Act, or review under section 33 of that Act, shall be begun after the commencement date; and where on that date a surveying authority have not completed such a survey or review begun earlier, the Secretary of State may, after consultation with the authority, direct the authority— (a) to complete the survey or review; or (b) to abandon the survey or review to such extent as may be specified in the direction. (2) Where such a survey or review so begun is abandoned, the Secretary of State shall give such notice of the abandonment as appears to him requisite. (3) Where, in relation to any area, no such survey has been so begun or such a survey so begun is abandoned, the surveying authority shall prepare for that area a map and statement such that, when they have been modified in accordance with the provisions of this Part, they will serve as the definitive map and statement for that area. (4) Where such a survey so begun is abandoned after a draft map and statement have been prepared and the period for making representations or objections has expired, the authority shall by order modify the map and statement prepared under subsection (3) so as— (a) to give effect to any determination or decision of the authority under section 29(3) or (4) of the 1949 Act in respect of which either there is no right of appeal or no notice of appeal has been duly served; (b) to give effect to any decision of the Secretary of State under section 29(6) of that Act; and (c) to show any particulars shown in the draft map and statement with respect to which no representation or objection has been duly made, or in relation to which all such representations or objections had been withdrawn. (5) Where such a review so begun is abandoned after a draft map and statement have been prepared and the period for making representations or objections has expired, the authority shall by order modify the map and statement under review so as— (a) to give effect to any decision of the Secretary of State under paragraph 4(4) of Part II of Schedule 3 to the 1968 Act; and (b) to show any particulars shown in the draft map and statement but not in the map and statement under review, and to omit any particulars shown in the map and statement under review but not in the draft map and statement, being (in either case) particulars with respect to which no representation or objection has been duly made, or in relation to which all such representations or objections have been withdrawn. (6) Orders under subsection (4) or (5) shall take effect on their being made. (7) Every way which— (a) in pursuance of an order under subsection (5) is shown in a definitive map and statement as a byway open to all traffic, a bridleway or a footpath, and (b) before the making of the order, was shown in the map and statement under review as a road used as a public path, shall be a highway maintainable at the public expense. (8) Subsection (7) does not oblige a highway authority to provide, on a way shown in a definitive map and statement as a byway open to all traffic, a metalled carriage-way or a carriage-way which is by any other means provided with a surface suitable for the passage of vehicles.

56 Effect of definitive map and statement.

(1) A definitive map and statement shall be conclusive evidence as to the particulars contained therein to the following extent, namely— (a) where the map shows a footpath, the map shall be conclusive evidence that there was at the relevant date a highway as shown on the map, and that the public had thereover a right of way on foot, so however that this paragraph shall be without prejudice to any question whether the public had at that date any right of way other than that right; (b) where the map shows a bridleway, the map shall be conclusive evidence that there was at the relevant date a highway as shown on the map, and that the public had thereover at that date a right of way on foot and a right of way on horseback or leading a horse, so however that this paragraph shall be without prejudice to any question whether the public had at that date any right of way other than those rights; (c) where the map shows a byway open to all traffic, the map shall be conclusive evidence that there was at the relevant date a highway as shown on the map, and that the public had thereover at that date a right of way for vehicular and all other kinds of traffic; (d) where the map shows a restricted byway, the map shall , subject to subsection (2A), be conclusive evidence that there was at the relevant date a highway as shown on the map, and that the public had thereover at that date a right of way on foot and a right of way on horseback or leading a horse together with a right of way for vehicles other than mechanically propelled vehicles, so however that this paragraph shall be without prejudice to any question whether the public had at that date any right of way other than those rights; and (e) where by virtue of the foregoing paragraphs the map is conclusive evidence, as at any date, as to a highway shown thereon, any particulars contained in the statement as to the position or width thereof shall be conclusive evidence as to the position or width thereof at that date, and any particulars so contained as to limitations or conditions affecting the public right of way shall be conclusive evidence that at the said date the said right was subject to those limitations or conditions, but without prejudice to any question whether the right was subject to any other limitations or conditions at that date. (1A) In subsection (1)(d) “mechanically propelled vehicle” does not include an electrically assisted pedal cycle of a class prescribed for the purposes of section 189(1)(c) of the Road Traffic Act 1988. (2) For the purposes of this section “the relevant date”— (a) in relation to any way which is shown on the map otherwise than in pursuance of an order under the foregoing provisions of this Part or an order to which section 53A applies which includes provision made by virtue of subsection (2) of that section, means , subject to subsection (2A), the date specified in the statement as the relevant date for the purposes of the map; (b) in relation to any way which is shown on the map in pursuance of such an order, means the date which, in accordance with subsection (3) or (3A), is specified in the order as the relevant date for the purposes of the order. (2A) In the case of a map prepared before the date of the coming into force of section 47 of the Countryside and Rights of Way Act 2000— (a) subsection (1)(d) and (e) have effect subject to the operation of any enactment or instrument, and to any other event, whereby a way shown on the map as a restricted byway has, on or before that date— (i) been authorised to be stopped up, diverted or widened, or (ii) become a public path, and (b) subsection (2)(a) has effect in relation to any way so shown with the substitution of that date for the date mentioned there. (3) Every order under the foregoing provisions of this Part shall specify, as the relevant date for the purposes of the order, such date, not being earlier than six months before the making of the order, as the authority may determine. (3A) Every order to which section 53A applies which includes provision made by virtue of subsection (2) of that section shall specify, as the relevant date for the purposes of the order, such date as the authority may in accordance with regulations made by the Secretary of State determine. (4) A document purporting to be certified on behalf of the surveying authority to be a copy of or of any part of a definitive map or statement as modified in accordance with the provisions of this Part shall be receivable in evidence and shall be deemed, unless the contrary is shown, to be such a copy. (4A) Regulations under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament. (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

57 Supplementary provisions as to definitive maps and statements.

(1) An order under the foregoing provisions of this Part 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, showing the modifications to which the order relates. (2) Regulations made by the Secretary of State may prescribe the scale on which maps are to be prepared under subsection (1) or any other provision of this Part, and the method of showing in definitive maps and statements anything which is required to be so shown. (3) Where, in the case of a definitive map and statement for any area which have been modified in accordance with the foregoing provisions of this Part, it appears to the surveying authority expedient to do so, they may prepare a copy of that map and statement as so modified; and where they do so, the map and statement so prepared, and not the map and statement so modified, shall be regarded for the purposes of the foregoing provisions of this Part , and for the purposes of section 57A(1), as the definitive map and statement for that area. (3A) Where as respects any definitive map and statement the requirements of section 53(2), and of section 55 so far as it applies, have been complied with, the map and statement are to be regarded for the purposes of subsection (3) as having been modified in accordance with the foregoing provisions of this Part whether or not, as respects the map and statement, the requirements of section 54 have been complied with. (4) The statement prepared under subsection (3) shall specify, as the relevant date for the purposes of the map, such date, not being earlier than six months before the preparation of the map and statement, as the authority may determine. (5) As regards every definitive map and statement, the surveying authority shall keep— (a) a copy of the map and statement; and (b) copies of all orders under this Part modifying the map and statement, available for inspection free of charge at all reasonable hours at one or more places in each district comprised in the area to which the map and statement relate and, so far as appears practicable to the surveying authority, a place in each parish so comprised; and the authority shall be deemed to comply with the requirement to keep such copies available for inspection in a district or parish if they keep available for inspection there a copy of so much of the map and statement and copies of so many of the orders as relate to the district or parish. (5A) Subsection (5) shall apply in relation to land in Wales as if “in each district comprised” were omitted. (6) Notwithstanding anything in subsection (5), an authority shall not be required to keep available for inspection more than one copy of— (a) any definitive map and statement; or (b) each order under this Part modifying the map and statement, if, as respects the area to which that map and statement relate, a subsequent map and statement have been prepared under subsection (3); and the said single copies may be kept in such place in the area of the authority as they may determine. (6A) In subsection (1), the reference to an order under the foregoing provisions of this Part includes a reference to so much of an order to which section 53A applies as contains provision made by virtue of subsection (2) of that section; and subsections (5) and (6) apply to— (a) orders to which section 53A applies modifying the map and statement, and (b) such documents relating to them as may be prescribed by regulations made by the Secretary of State, as those subsections apply to orders under this Part modifying the map and statement. (6B) Regulations under paragraph (b) of subsection (6A) may require any document to be prepared by a surveying authority for the purposes of that paragraph, and any such document shall be in such form as may be prescribed by the regulations. (6C) Regulations made by the Secretary of State may require any surveying authority— (a) to keep such other documents as may be prescribed by the regulations available for inspection at such times and places and in such manner as may be so prescribed, or (b) to provide to any other surveying authority any document so prescribed which that authority is, by regulations under paragraph (a), required to keep available for inspection. (7) Every surveying authority shall take such steps as they consider expedient for bringing to the attention of the public the provisions of this Part including, in particular, section 53(5) and subsection (5). (8) Regulations under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

57A Consolidation of definitive maps and statements.

(1) Where— (a) different definitive maps and statements relate to different parts of a surveying authority’s area, (b) as respects so much of each definitive map and statement as relates to that area the requirements of section 53(2), and of section 55 so far as it applies, have been complied with, and (c) there is no part of that area to which no definitive map and statement relate, the authority may, if it appears to them expedient to do so, prepare a map and statement comprising copies of so much of each definitive map and statement as relates to the authority’s area; and where they do so the map and statement so prepared and not, so far as copied, the earlier maps and statements shall be regarded for the purposes of sections 53 to 56 and 57(2) and (3) as the definitive map and statement for the area to which they relate. (2) The power conferred by subsection (1) is not exercisable by a surveying authority if the definitive map and statement relating to any part of the authority’s area is a map and statement in respect of which a review under section 33 of the 1949 Act was begun before the commencement date but has been neither abandoned in pursuance of a direction under section 55(1) nor completed. (3) References in subsection (1) to a definitive map and statement are, in the case of a map and statement modified in accordance with any of the foregoing provisions of this Part, references to the map and statement as modified. (4) The statement prepared under subsection (1) shall specify, as the relevant date for the purposes of the map, such date, not being earlier than six months before the preparation of the map and statement, as the authority may determine. (5) Every surveying authority shall take such steps as they consider expedient for bringing to the attention of the public the preparation by them of any map and statement under subsection (1).

58 Application of ss. 53 to 57 to inner London.

(1) Subject to subsection (2), the foregoing provisions of this Part shall not apply to any area to which this subsection applies; and this subsection applies to any area which, immediately before 1st April 1965, formed part of the administrative county of London. (2) A London borough council may by resolution adopt the said foregoing provisions as respects any part of their area specified in the resolution, being a part to which subsection (1) applies, and those provisions shall thereupon apply accordingly. (3) Where by virtue of a resolution under subsection (2), the said foregoing provisions apply to any area, those provisions shall have effect in relation thereto as if for references to the commencement date there were substituted references to the date on which the resolution comes into operation.

59 Prohibition on keeping bulls on land crossed by public rights of way.

(1) If, in a case not falling within subsection (2), the occupier of a field or enclosure crossed by a right of way to which this Part applies or a restricted byway permits a bull to be at large in the field or enclosure, he shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale. (2) Subsection (1) shall not apply to any bull which— (a) does not exceed the age of ten months; or (b) is not of a recognised dairy breed and is at large in any field or enclosure in which cows or heifers are also at large. (3) Nothing in any byelaws, whenever made, shall make unlawful any act which is, or but for subsection (2) would be, made unlawful by subsection (1). (4) In this section “recognised dairy breed” means one of the following breeds, namely, Ayrshire, British Friesian, British Holstein, Dairy Shorthorn, Guernsey, Jersey and Kerry. (5) The Secretary of State may by order add any breed to, or remove any breed from, subsection (4); and an order under this subsection shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

60 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

61 Ploughing of public rights of way.

(1) Section 134 of the Highways Act 1980 (ploughing of footpath or bridleway) shall have effect subject to the amendments provided for by subsections (2) to (9). (2) Subsection (3) (7 days’ notice of intention to plough) shall be omitted. (3) In subsection (4) (duty to resore surface of footpath or bridleway), for paragraphs (a) and (b) there shall be substituted the following paragraphs— (a) not later than 2 weeks from the time when the occupier began to plough the footpath or bridleway, or (b) if prevented from doing so by exceptional weather conditions, as soon as practicable thereafter, . (4) In subsection (5) (failure to comply with subsection (3) or (4)) the words “(3) or” shall be omitted, for paragraphs (a) and (b) there shall be substituted the words “to a fine not exceeding £200” and for the words “subsection (4)”, in the second place where they occur, there shall be substituted the words “that subsection”. (5) After that subsection there shall be inserted the following subsection— (5A) A person who ploughs any footpath, bridleway or other highway otherwise than in the exercise of a right to plough it shall be guilty of an offence and liable to a fine not exceeding £200. (6) In subsection (6) (enforcement of subsections (3) to (5)) for the words “subsections (3) to (5) above as respects any footpath or bridleway” there shall be substituted the words “subsections (4) to (5A) above as respects any footpath, bridleway or other highway”. (7) In subsection (7) (proceedings by parish or community councils) after the words “subsection (4)” there shall be inserted the words “or (5A)”. (8) In subsection (8) (power of competent authority to restore surface of footpath or bridleway) for the words “footpath or bridleway” there shall be substituted the words “footpath, bridleway or other highway”. (9) In subsection (10) (competent authorities for the purposes of subsections (8) and (9)) for the words “footpath or bridleway”, in both places where they occur, there shall be substituted the words “footpath, bridleway or other highway”. (10) In section 135(1) of the said Act of 1980 (temporary diversion of footpath or bridleway ploughed up under section 134) the words “6 or” and “6 weeks or” shall be omitted.

62 Appointment of wardens for public rights of way.

A local authority may appoint such number of persons as appears to the authority to be necessary or expedient to act as wardens as respects a footpath, bridleway , restricted byway or byway open to all traffic which is both in the countryside and in the area of the authority, and the purpose for which the wardens may be so appointed is to advise and assist the public in connection with the use of the path or way.

63 Orders creating, extinguishing or diverting footpaths and bridleways.

The enactments mentioned in Schedule 16 (which relate to the making and confirmation of certain orders creating, extinguishing or diverting footpaths and bridleways) shall have effect subject to the amendments provided for in that Schedule.

64 Publication of dedication of footpaths and bridleways.

At the end of section 25 of the Highways Act 1980 (creation of footpath or bridleway by agreement) there shall be inserted the following subsection— (6) As soon as may be after the dedication of a footpath or bridleway in accordance with a public path creation agreement, the local authority who are party to the agreement shall give notice of the dedication by publication in at least one local newspaper circulating in the area in which the land to which the agreement relates is situated. .

65 Signposting of byways open to all traffic.

(1) In section 27 of the 1968 Act (signposting of footpaths and bridleways) for the words “or bridleway”, wherever they occur, there shall be substituted the words “bridleway or byway” ; and for the words “and bridleways” in subsection (6) of that section there shall be substituted the words “bridleways and byways”. (2) After subsection (7) of that section there shall be inserted the following subsection— (8) In this section “byway” means a byway open to all traffic, that is to say, a highway over which the public have a right of way for vehicular and all other kinds of traffic, but which is used by the public mainly for the purposes for which footpaths and bridleways are so used.

66 Interpretation of Part III.

(1) In this Part— “bridleway” means a highway over which the public have the following, but no other, rights of way, that is to say, a right of way on foot and a right of way on horseback or leading a horse, with or without a right to drive animals of any description along the highway; “byway open to all traffic” means a highway over which the public have a right of way for vehicular and all other kinds of traffic, but which is used by the public mainly for the purpose for which footpaths and bridleways are so used; “definitive map and statement” has the meaning given by section 53(1); “footpath” means a highway over which the public have a right of way on foot only, other than such a highway at the side of a public road; “horse” includes a pony, ass and mule, and “horseback” shall be construed accordingly; “public path” means a highway being either a footpath or a bridleway; “restricted byway” has the same meaning as in Part II of the Countryside and Rights of Way Act 2000; “right of way to which this Part applies” means a right of way such that the land over which the right subsists is a public path or a byway open to all traffic; “surveying authority”, in relation to any area, means the county council, county borough council, metropolitan district council, or London borough council whose area includes that area. (2) A highway at the side of a river, canal or other inland navigation shall not be excluded from any definition contained in subsection (1) by reason only that the public have a right to use the highway for purposes of navigation, if the highway would fall within that definition if the public had no such right thereover. (3) The provisions of section 30(1) of the 1968 Act (riding of pedal cycles on bridleways) shall not affect the definition of bridleway in subsection (1) and any rights exercisable by virtue of those provisions shall be disregarded for the purposes of this Part.

66A Application of Part 1 to Crown

(1) Subject to subsections (2) to (5), Part 1 and regulations and orders made under it bind the Crown. (2) No contravention by the Crown of any provision of Part 1 makes the Crown criminally liable; but the High Court may, on the application of any person appearing to the Court to have an interest, declare unlawful an act or omission of the Crown which constitutes such a contravention. (3) Despite subsection (2), Part 1 applies to persons in the public service of the Crown as it applies to other persons. (4) But the powers conferred by sections 18A to 19XA are not exercisable in relation to premises occupied by the Crown. (5) Nothing in this Part affects Her Majesty in her private capacity. (6) Subsection (5) is to be read as if section 38(3) of the Crown Proceedings Act 1947 (c. 44) (meaning of Her Majesty in her private capacity) were contained in this Act.

66B Application of Part 1 to Crown: Scotland

(1) Subject to subsections (2) to (5), Part 1 (including regulations and orders made under it) bind the Crown. (2) No contravention by the Crown of any provision made by or under Part 1 makes the Crown criminally liable but the Court of Session may, on the application of any public body or office-holder having responsibility for enforcing that provision, declare unlawful any act or omission of the Crown which constitutes such a contravention. (3) Despite subsection (2), any provision made by or under Part 1 applies to persons in the public service of the Crown as it applies to other persons. (4) A species control order may be made under section 14D in relation to Crown land only with the consent of the appropriate authority. (5) The powers conferred by sections 14M and 19ZC are exercisable in relation to Crown land only with the consent of the appropriate authority. (6) In this section, “Crown land” means an interest in land which— (a) belongs to Her Majesty in right of the Crown; (b) belongs to Her Majesty in right of Her private estates; (c) belongs to an office-holder in the Scottish Administration or is held in trust for Her Majesty by such an office-holder for the purposes of the Scottish Administration; or (d) belongs to a government department or is held in trust for Her Majesty for the purposes of a government department. (7) In this section, the “appropriate authority”— (a) in the case of land belonging to Her Majesty in right of the Crown and forming part of the Crown Estate, means the Crown Estate Commissioners; (b) in the case of any other land belonging to Her Majesty in right of the Crown, means the office-holder in the Scottish Administration who or, as the case may be, government department which manages the land or the relevant person; (c) in the case of land belonging to Her Majesty in right of Her private estates, means a person appointed by Her Majesty in writing under the Royal Sign Manual or, if no such appointment is made, the Scottish Ministers; (d) in the case of land belonging to an office-holder in the Scottish Administration or held in trust for Her Majesty by such an office-holder for the purposes of the Scottish Administration, means that office-holder; (e) in the case of land belonging to a government department or held in trust for Her Majesty for the purposes of a government department, means that government department. (7A) In subsection (7), “relevant person”, in relation to any land to which section 90B(5) of the Scotland Act 1998 applies, means the person who manages that land. (8) The references in subsections (6)(b) and (7)(c) to Her Majesty's private estates are to be construed in accordance with section 1 of the Crown Private Estates Act 1862 (c.37). (9) It is for the Scottish Ministers to determine any question which arises as to who is the appropriate authority in relation to any land, and their decision is final.

67 Application of Parts 2 and 3 to Crown land

(1) Subject to the following provisions of this section, Part II, except section 51, and Part III shall apply to Crown land, that is to say, land an interest in which belongs to Her Majesty in the right of the Crown or the Duchy of Lancaster or to the Duchy of Cornwall, and land an interest in which belongs to a Government department or is held in trust for Her Majesty for the purposes of a Government department. (1A) An interest in Crown land, other than one held by or on behalf of the Crown, may be acquired under section 28N, but only with the consent of the appropriate authority. (1B) Byelaws made by virtue of section 28R may apply to Crown land if the appropriate authority consents. (2) No order shall be made under section . . . 34 . . . or 42 in relation to Crown land unless the appropriate authority has consented to the making of that order. (3) An agreement under section 39 as respects any interest in Crown land, other than an interest held by or on behalf of the Crown, shall not have effect unless approved by the appropriate authority. (4) Section 101(11) of the 1949 Act (Crown land) shall apply for the construction of references in this section to the appropriate authority.

68 Application to the Isles of Scilly.

The Secretary of State may, after consultation with the Council of the Isles of Scilly, by order made by statutory instrument provide for the application of the provisions of Part II or III to the Isles of Scilly as if those Isles were a separate county; any any such order may provide for the application of those provisions to those Isles subject to such modifications as may be specified in the order.

69 Offences by bodies corporate etc.

(1) Where a body corporate is guilty of an offence under this Act and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly. (2) Where the affairs of a body corporate are managed by its members subsection (1) shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.

69A Offences by Scottish partnerships etc.

Where a Scottish partnership or other unincorporated association is guilty of an offence under Part 1 of this Act and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of— (a) in relation to a Scottish partnership, any partner or any person who was purporting to act in such capacity; (b) in relation to an unincorporated association other than a Scottish partnership, any person who is concerned in the management or control of the association or any person who was purporting to act in any such capacity, he (as well as the partnership or, as the case may be, other unincorporated association) is guilty of the offence and is liable to be proceeded against and punished accordingly.

70 Financial provisions.

(1) There shall be defrayed out of money provided by Parliament— (a) any administrative expenses incurred by any Minister of the Crown under this Act; and (b) any increase attributable to the provisions of this Act in the sums payable out of money so provided under any other enactment. (2) Any sums received by a Minister of the Crown under this Act shall be paid into the Consolidated Fund.

70A Service of notices.

(1) Subject to subsection (2), section 329 of the Town and Country Planning Act 1990 and section 271 of the Town and Country Planning (Scotland) Act 1997 (which provide for the service of notices and other documents) shall apply to notices and other documents required or authorised to be served or given under this Act. (2) Subsections (2) and (3) of the said section 329 shall not apply to a notice required to be served under paragraph 2 of Schedule 14. (2A) Subsection (1)(cc) of the said section 271 shall not apply to a notice required to be served under section 14G. (2B) Subsection (2) of the said section 271 shall not apply to a notice required to be served under section 14D(5)(a). (3) This section shall not affect the operation of paragraph 2(4) of Schedule 11 or paragraph 3(4) of Schedule 15.