6(1)Section 56 of that Act (effect of definitive map and statement) is amended as follows.E+W
(2)In subsection (1)(d)—
(a)for “road used as a public path” there is substituted “ restricted byway ”,
(b)after “the map shall” there is inserted “ , subject to subsection (2A), ”, and
(c)after “leading a horse” there is inserted “ together with a right of way for vehicles other than mechanically propelled vehicles ”.
(3)After subsection (1) there is inserted—
“(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 M1Road Traffic Act 1988.”
(4)In subsection (2)—
(a)in paragraph (a)—
(i)after “this Part” there is inserted “ or an order to which section 53A applies which includes provision made by virtue of subsection (2) of that section ”, and
(ii)after “means” there is inserted “ , subject to subsection (2A), ” and
(b)in paragraph (b), after “(3)” there is inserted “ or (3A) ”.
(5)After that subsection there is inserted—
“(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.”
(6)After subsection (3) there is inserted—
“(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.”
(7)After subsection (4) there is inserted—
“(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.”
(8)Subsection (5) is omitted.
Commencement Information
I1Sch. 5 para. 6 in force at 2.5.2006 for E. by S.I. 2006/1172, art. 2(g)(ii)
I2Sch. 5 para. 6 in force at 11.5.2006 for W. by S.I. 2006/1279, art. 2(f)(iii)
Marginal Citations