Schedule 7: Ascertainment of rights of way Part 1: Wildlife and Countryside Act 1981
604.Part 1 of Schedule 7 makes various amendments to Part 3 of the Wildlife and Countryside Act 1981 (the “1981 Act”). Under this Part, it is the duty of local authorities (referred to in the Part as “surveying authorities”) to maintain and keep under review maps and statements (referred to in the legislation as “definitive maps and statements”) showing public rights of way. It also sets out the procedure which the authorities must follow before modifying definitive maps and statements, whether on their own initiative or on an application by an interested person.
605.Paragraph 2 removes the words “or is reasonably alleged to subsist” from section 53(3)(c)(i) of the 1981 Act. Currently, the effect of section 53(2), read with section 53(3)(c)(i), is that a surveying authority is required to make such modifications to a definitive map and statement as appear to it to be requisite in consequence of the discovery by the authority of evidence which shows 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. The effect of the removal of the words “or is reasonably alleged to subsist” is that a surveying authority in England is required to modify the definitive map by order under section 53(2) only where it is satisfied to the ordinary civil standard of proof that a right of way subsists. This measure therefore raises the threshold at which an authority must make an order. The burden on an authority of having to make orders in respect of applications which contain reasonable allegations but do not satisfy the ordinary civil standard of proof is removed.