Section 3 - Statutory Duties and Powers
The PRoW function is defined by various Acts of Parliament and Common Law. This has resulted in numerous duties and powers being ascribed to the Highway Authority in pursuit of the public's continued enjoyment of the PRoW network. HCC is the Highway Authority for the purposes of this manual.
The Countryside and Rights of Way Act 2000 modifies some existing duties, powers and miscellaneous matters and includes some new ones. Most of these are not in force as at April 2001, these are indicated by an asterisk(*) in the list below.
A list of relevant duties and powers is below (NB. this may not be exhaustive).
3.1 Duties
- To erect and maintain signposts where any Footpath (FP)/Bridleway (BR)/Byway Open to All Traffic (BOAT) leaves a metalled road unless agreed with the Parish Council that it is not necessary [Countryside Act 1968(CA68) s27].
- To erect such signposts if in the opinion of the Highway Authority this is required to assist persons unfamiliar with the locality to follow a FP/BR/BOAT [CA68 s27].
- To survey new paths agreed by a planning authority [Highways Act 1980 (HA80) s27].
- To keep a list of highways maintainable at public expense [HA80 s36].
- To maintain highways maintainable at public expense [HA80 s41].
- To provide footways by carriageways where necessary or desirable for the safety or accommodation of pedestrians [HA80 s66].
- To provide adequate grass or other margins by a carriageway where necessary or desirable for the safety or accommodation of ridden horses [HA80 s71].
- To assert and protect the rights of public to the use and enjoyment of any highway including a duty to prevent, as far as possible, the stopping up or obstruction of highways [HA80 s130; amended CROW2000 s63*].
- To prosecute re: disturbance of surface where desirable in the public interest [HA80 s131A; Inserted by Rights of Way Act 1990 (RWA90) s1].
- To enforce provision re: ploughing of footpaths or bridleways [HA80 s134; amended RWA90 s1].
- To make orders authorising agricultural works not exceeding 3 months [HA80 s135; amended RWA90 s1].
- To remove snow or soil [HA80 s150].
- To have regard to the needs of disabled and blind persons in executing street works [HA80 s175A].
- To keep the Definitive Map and Statement (DM&S) under continuous review [Wildlife and Countryside Act 1981(WCA81) s53; Modified by Countryside and Rights of Way Act 2000 (CROW2000) s53*]
- To re-classify Roads Used as Public Paths [WCA81 s54; repealed CROW2000 s47*]
- To prepare and publish a Rights of Way Improvement Plan [CROW2000 s60*].
- To have regard to the needs of people with mobility problems when authorising stiles etc.[CROW2000 s69*].
- To establish a Local Access Forum [CROW2000 s94].
top3.2 Powers
- To erect/maintain signposts along any FP/BR/BOAT [CA68 s27].
- To prosecute if expedient for the promotion and protection of the interests of the inhabitants of the area [Local Government Act 1972 s222].
- To create footpaths and bridleways by agreement with compensation or compulsory purchase [HA80 s25/26].
- To adopt i.e. become responsible for maintenance of highways by agreement [HA80 s38].
- Proceedings for an order to repair highway [HA80 s56].
- To improve highways [HA80 s62].
- To provide on a footpath safety barriers for safeguarding persons using the highway [HA80 s66; amended CROW2000 s70*].
- To widen highways [HA80 s72].
- To construct a bridge to carry a public path [HA80 s91].
- To reconstruct a bridge forming part of a public path [HA80 s92].
- To drain highways [HA80 s100].
- To make an order stopping up footpath(s) or bridleway(s) [HA80 s118].
- To make an order stopping up footpath(s) or bridleway(s) which crosses a railway [HA80 s118A].
- To make an order diverting footpath(s) or bridleway(s) [HA80 s119].
- To make an order diverting footpath(s) or bridleway(s) which crosses a railway [HA80 s119A].
- To remove unauthorised marks [HA80 s132].
- To remove structures [HA80 s143].
- To require removal or widening of gates [HA80 s145 + s149].
- To repair stiles, etc. [HA80 s146].
- To authorise the erection of stiles, etc. [HA80 s147; amended CROW2000 s69*].].
- To require cutting or felling of trees or hedges that are overhanging or a danger [HA80 s154; amended CROW2000 s65].
- To require removal of barbed wire [HA80 s164].
- To require information as to ownership of land [HA80 s297].
- To consolidate the Definitive Map (DM) [WCA81 s57].
- To appoint wardens [WCA81 s62].
- To designate a footpath as a cycle track [Cycle Tracks Act 1984(CTA84) s3].
- To provide safety barriers on a cycle track [CTA84 s4].
- To make Traffic Regulation Orders [Road Traffic Regulation Act 1984(RTRA84) s1].
- To make a temporary Traffic Regulation Order during works [RTRA84 s14].
- To require removal of signs [RTRA84 s69].
- To enter land in connection with traffic signs [RTRA84 s71].
- To stop up or divert footpaths or bridleways if satisfied it is necessary to enable development to be carried out [Town and Country Planning Act 1990 (TCPA90) s257].
- To stop up or divert footpaths or bridleways temporarily if satisfied it is necessary to enable minerals to be worked and can be restored [TCPA90 s261].
3.3 Miscellaneous Matters
Other matters relevant to exercise the RoW function.
- Right to ride a non-motorised bicycle on a bridleway [CA68 s30].
- Power to obtain particulars of persons interested in land [Local Government (Miscellaneous Provisions) Act 1976 s16].
- Presumed dedication of highway after twenty years public use [HA80 s31].
- Proceedings for an order against the Highway Authority to repair a highway [HA80 s56].
- Power of magistrates to stop up or divert [HA80 s116].
- Power of Secretary of State to make rail crossing diversion or stopping up orders [HA80 s120].
- Penalty for damaging highway, etc. [HA80 s131].
- Penalty for wilful obstruction of highway including interference by crops [HA80 s137].
- Power of Magistrates Courts to order offender to remove obstructions [HA80 s137ZA; introduced by CROW2000 s64].
- Definitive Map and Statement shall be conclusive evidence as to particulars shown [WCA81 s56].
- Prohibition of driving on footpath or bridleway [Road Traffic Act 1988 s34].
- Secretary of State's power to stop up or divert any highway if satisfied necessary to enable development to be carried out [TCPA90 s247].
- Secretary of State's power to extinguish the right to use vehicles on a highway on application by the local planning authority (normally the District or Borough Council) [TCPA90 s249].
- Extinguishment of unrecorded rights of way [CROW2000 s53*].