§
'.—(1) Subsection (2) applies to a highway if—
- (a) it was on 1st January 1949 a footpath or a bridleway, is on the cut-off date (in either case) a footpath or a bridleway, and between those dates has not been a highway of any other description,
- (b) it is not on the cut-off date shown in a definitive map and statement as a highway of any description, and
- (c) it is not on the cut-off date an excepted highway, as defined by section (Excepted highways or rights of way)(1).
(2) All rights of way over a highway to which this subsection applies shall be extinguished immediately after the cut-off date.
(3) Where a public right of way created before 1949—
- (a) falls within subsection (4) on the cut-off date, and
- (b) is not on that date an excepted right of way, as defined by section (Excepted highways or rights of way)(5),
that right of way shall he extinguished immediately after the cut-off date.1021
§ (4) A public right of way falls within this subsection if it is—
- (a) a public right of way on horseback, leading a horse or for vehicles over the whole or part of so much of a way as is shown in a definitive map and statement as a footpath;
- (b) a right for the public to drive animals of any description along the whole or part of so much of a way as is shown in a definitive map and statement as a footpath;
- (c) a public right of way for vehicles over the whole or part of so much of a way as is shown in a definitive map and statement as a bridleway; or
- (d) a public right of way for mechanically propelled vehicles over the whole or part of so much of a way as is shown in a definitive map and statement as a restricted byway.
§ (5) Where by virtue of subsection (3) a highway ceases to be a bridleway, the right of way created over it by section 30 of the Countryside Act 1968 (riding of pedal cycles on bridleways) is also extinguished.
§ (6) In determining for the purposes of subsection (1) whether a highway or any part of it was at any time a footpath or a bridleway, any diversion, widening or extension of the highway after that time (and not later than the cut-off date) is to be treated as having occurred before that time.
§ (7) In determining for the purposes of subsection (3) whether a public right of way over a highway or over any part of it was created before 1st January 1949, any diversion, widening or extension of the highway on or after that date (and not later than the cut-off date) is to be treated as having occurred before 1st January 1949.
§ (8) Where a way shown on the cut-off date in a definitive map and statement has at any time been diverted, widened or extended, it is to be treated for the purposes of subsections (1) to (5) as shown as so diverted, widened or extended, whether or not it is so shown.
§
(9) In this section—
cut-off date" has the meaning given in section (Cut-off date for extinguishment etc.), and
mechanically propelled vehicle" does not include a vehicle falling within paragraph (c) of section 189(1) of the Road Traffic Act 1988.
§ (10) In this section and section (Excepted highways or rights of way) expressions used in Part III of the 1981 Act have the same meaning as in that Part, except that "highway", "footpath" and "bridleway" mean the whole or part of a highway, footpath or bridleway (as the case may be) within the meaning of that part.'—[Mr. Meacher.]
§ Brought up, read the First and Second time, and added to the Bill.