§ Lord Dean of Beswickasked Her Majesty's Government:
What amendments they propose to make to the guidance on the interpretation of definitive statements in Circular 2/93.
§ The Parliamentary Under-Secretary of State, Department of the Environment, Transport and the Regions (Baroness Hayman)We have revised the guidance in Circular 2/93 which deals with the interpretation of information recorded on statements which accompany definitive maps. We have written today to the Local Government Associations and others with an interest to advise them that paragraph 31 of the circular has been replaced with the following
Information recorded in the definitive statement about position or width or as limitations or conditions affecting a public right of way is conclusive evidence of position, width, limitations or conditions. Information may be recorded in the definitive statement which, in practice, restricts the use of the way by those whose rights to use it are recorded on the definitive map. Where such information is not about position or width, or is not recorded as a limitation or condition, highway authorities should examine the evidence in each case in order to resolve the inconsistencies.