Restricted Byways (Application and Consequential Amendment of Provisions) Regulations 2006

rose to move, That the draft regulations laid before the House on 16 February be approved [19th Report from the Joint Committee]. The noble Baroness said: My Lords, this Motion deals with the Restricted Byways (Application and Consequential Amendment of Provisions) Regulations 2006. Restricted byways are a new category of highway introduced by the CROW Act, and again I compliment both noble Baronesses, who worked very hard to ensure that that piece of legislation was as effective as it could possibly be. Restricted byways have a right of way on foot, on horseback or leading a horse, and for vehicles other than mechanically propelled vehicles, including pedal cycles. Restricted byways will deal with the long-standing problem of some local authorities failing to fulfil their statutory duty to reclassify all their RUPPs. The CROW Act provides instead for all RUPPs to become restricted byways on commencement of Section 47 of that Act. These regulations simply amend existing highways legislation to ensure that restricted byways operate sensibly within the existing framework of relevant legislation. There is nothing controversial about the content. This is a technical exercise. Most amendments simply add or substitute the words ““restricted byway”” into existing provisions. The regulations provide for restricted byways to be created from scratch. In addition, the Natural Environment and Rural Communities Bill—and here we all get a sense of déjà vu—provides for restricted byways to be recorded on the definitive map and statement on the basis of either historic evidence or evidence of a qualifying period of use. So in future, where rights for mechanically propelled vehicles are extinguished by the Bill’s provision but the route carries historic vehicular rights, it will be possible to record that route as a restricted byway rather than a BOAT. I am aware that many Members of this House are keen to see the rights of way provisions in Part 6 of the NERC Bill commenced as soon as possible. These regulations are both complementary and essential to the Bill’s rights of way provisions. I commend these regulations to the House. I beg to move. Moved, That the draft regulations laid before the House on 16 February be approved [19th Report from the Joint Committee].—(Baroness Farrington of Ribbleton.)