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The Restricted Byways (Application and Consequential Amendment of Provisions) Regulations 2006

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PART IISUBORDINATE LEGISLATION

Column 1Column 2
Provisions applying in relation to restricted bywaysAmendments
Motor Vehicle (Competitions and Trials) Regulations 1969(1), paragraph (14) of Schedule 2.

In paragraph (14) of Schedule 2 (particulars to be given in the application for authorisation), for sub-paragraph (ix) there is substituted—

(ix)(with arrows marked “F”, “B” or “RB”) lengths of any public highway which are footpaths, bridleways or restricted byways (within the meaning of Part 2 of the Countryside and Rights of Way Act 2000) forming part of the route..

Local Authorities (Publicity Account) (Exemption) Order 1987(2), paragraph 7 of the Schedule.In paragraph 7 of the Schedule (descriptions of exempt publicity), for “or bridleway” there is substituted “, bridleway or restricted byway”.
Road Traffic (Temporary Restrictions) Procedure Regulations 1992(3), regulations 2, 4 and 11.

In paragraph (1) of regulation 2 (general interpretation), after “cycle track” there is inserted “, restricted byway”.

In regulation 4 (footpaths, bridleway, cycle tracks and byway open to all traffic), for “or byway open to all traffic”, in each place where it occurs, there is substituted “, byway open to all traffic or restricted byway”.

In regulation 11 (footpaths, bridleways, cycle tracks and byways open to all traffic), for “or byway open to all traffic” there is substituted “, byway open to all traffic or restricted byway”.

Rail Crossing Extinguishment and Diversion Orders Regulations 1993(4), regulation 1 and Schedules 1, 2 and 3.

In paragraph (2) of regulation 1 (citation, commencement and interpretation), for “and bridleways”, in each place where it occurs, there is substituted “, bridleways and restricted byways”.

In the forms set out in Schedule 1—

(a)

for “and/or bridleways”, in each place where it occurs, there is substituted “, bridleways and/or restricted byways”, and

(b)

after “bridleway”, in each place where it occurs, there is inserted “or restricted byway”.

In the forms set out in Schedule 2 and Schedule 3, after “[bridleway]”, in each place where it occurs, there is inserted “[restricted byway]”.

Town and Country Planning (Public Path Orders) Regulations 1993(5), regulation 1 and Schedules 1 and 2.

In paragraph (2) of regulation 1 (citation, commencement and interpretation), in the definition of “public path order”, for “and bridleways” there is substituted “, bridleways and restricted byways”.

In forms 1 and 2 of Schedule 1 (forms of public path order) and forms 1 and 2 of Schedule 2 (forms of notice), after “[bridleway]” in each place where it occurs there is inserted “[restricted byway]”.

Public Path Orders Regulations 1993(6), regulations 1 and 3 and Schedules 1 and 2.

In paragraph (2) of regulation 1 (citation, commencement and interpretation), for “and bridleways” in each place where it occurs, there is substituted “, bridleways and restricted byways”.

In paragraph (1) of regulation 3 (notices of order), for “and bridleways” there is substituted “, bridleways and restricted byways”.

In Schedules 1 and 2 (forms of order and forms of notice of orders), after “[bridleway]”, in each place where it occurs, there is inserted “[restricted byway]”.

Wildlife and Countryside (Definitive Maps and Statements) Regulations 1993(7), Schedules 1, 3, 5, 7 and 8.

In Schedule 1 (notation to be used on definitive maps), in paragraph (c) for “road used as a public path” there is substituted “restricted byway”.

In Schedule 3 (form of reclassification order), Schedule 5 (form of notice of modification or reclassification order), Schedule 7 (form of application for modification order), and Schedule 8 (form of notice of application for modification order), after “[bridleway]”, in each place where it occurs, there is inserted “[restricted byway]”.

In Schedule 3, for the words “road[s] used as [a] public path[s]”, there is substituted “way[s]”.

In Schedule 5, before the words “road used as a public path”, there is inserted “way formerly classified as a”.

Local Authorities (Recovery of Costs for Public Path Orders) Regulations 1993(8), regulation 2.

In paragraph (1) of regulation 2 (interpretation and application)—

(a)

in the definition of “public path”, after “bridleway” there is inserted “, restricted byway”;

(b)

after the definition of “public path order” there is inserted—

“restricted byway” has the same meaning as in Part 2 of the Countryside and Rights of Way Act 2000.

Hedgerows Regulations 1997(9), Schedule 1.

In paragraph 8(a) of Part 2 of Schedule 1 (additional criteria for determining “important” hedgerows), for “a road used as a public path, within the meaning of section 54 (duty to reclassify roads used as public paths) of the Wildlife and Countryside Act 1981” there is substituted “a restricted byway within the meaning of Part 2 of the Countryside and Rights of Way Act 2000”.

Water (Compulsory Works Powers) (Notice) Regulations 1999(10), regulation 2.In regulation 2 (notice to be given to prescribed persons), for “or bridleway” there is substituted “, bridleway or restricted byway”.
Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2000(11) rules 4 and 10 and Schedules 3 and 5

In paragraph (1) of rule 4 (interpretation and notices)—

(a)

for the definition of “byway” there is substituted—

“byway” means—

(a)

a way shown and described as a byway open to all traffic in a definitive map and statement, as defined in section 53(1) of the Wildlife and Countryside Act 1981(12); or

(b)

a restricted byway;;

(b)

after the definition of “representation” there is inserted—

“restricted byway” has the same meaning as in Part 2 of the Countryside and Rights of Way Act 2000;.

In Schedule 3 (forms of notice), in form 4—

(a)

after “/bridleway” there is inserted “/restricted byway”; and

(b)

in note (a), for “or bridleway” there is substituted “, bridleway or restricted byway.

Local Authorities (Functions and Responsibilities) (England) Regulations 2000(13), Schedule 1, paragraph I, column 1.

In Schedule 1 (functions not to be the responsibility of an authority’s executive), in paragraph I relating to miscellaneous functions—

(a)

in the entries in column 1 for items 1, 19, 20 and 31, for “or bridleway”, in each place where it occurs, there is substituted “, bridleway or restricted byway”; and

(b)

in the entries in column 1 for items 2, 4 and 8, for “and bridleways”, in each place where it occurs, there is substituted “, bridleways and restricted byways”, and

(c)

the entries in columns 1 and 2 for item 27 are deleted.

(1)

S.I. 1969/414, amended by S.I. 1982/1103; there are other amending instruments but none is relevant.

(2)

S.I. 1987/2004.

(3)

S.I. 1992/1215, to which there are amendments not relevant to these Regulations.

(4)

S.I. 1993/9; relevant amending instruments are S.I. 1997/2971 and 1999/416.

(5)

S.I. 1993/10; relevant amending instruments are S.I. 1995/451 and 1997/2971.

(6)

S.I. 1993/11; relevant amending instruments are S.I. 1995/451, 1997/2971 and 1999/416.

(7)

S.I. 1993/12, amended by S.I. 1997/2971; there are other amending instruments but none is relevant.

(8)

S.I. 1993/407, to which there are amendments not relevant to these Regulations.

(9)

S.I. 1997/1160, to which there are amendments not relevant to these Regulations.

(10)

S.I. 1999/221.

(11)

S.I. 2000/2190, to which there are amendments not relevant to these Regulations.

(12)

1981 c. 69. Section 53(1) was amended by the Countryside and Rights of Way Act 2000 (c. 37), Schedule 5, Part I, paragraph 1.

(13)

S.I. 2000/2853. Relevant amending instruments are S.I. 2001/2831, 2004/2748, 2005/714.

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