The Public Rights of Way (Registers) (Wales) Regulations 2006

Explanatory Note

(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.