Natural Environment and Rural Communities Act 2006
The Natural Environment and Rural Communities Act received Royal Assent on the 30 March 2006 and the key rights of way provisions (in sections 66-71) were commenced on 2 May 2006.
The rights of way sections in Part 6 of the Act cover a complex area of law and require clear guidance – for local authorities, enforcement agencies, rights of way users and practioners – to ensure that the overall aims and detailed provisions of this part of the Act are understood and acted upon.
This guidance is a 'living document' and will be updated as and when needed. If you have any queries on the rights of way provisions in the Natural Environment and Rural Communities Act 2006 that the current version doesn't address, please email us.
Version 5 of the guidance (see link below) contains, as in previous versions, a brief overview of Part 6 and a section by section explanation of the key provisions in sections 66 to 72, together with a flow charts illustrating the process of determining whether public rights of way for mechanically propelled vehicles are extinguished over any given route. It also includes a section on the restricted byways provisions (which also came into force on 2 May 2006) and explains how these work in conjunction with Part 6 of the Natural Environment and Rural Communities Act.
The main change in version 5 is revised guidance, in light of the Court of Appeal judgement in the ‘Winchester’ case, on whether outstanding applications for BOATs qualify for exemption under section 67(3) of the Act. There are also additions about (among other things): the recognition of higher rights other than those for motor vehicles; organised motorsport events; and the re-grading deletion & extinguishment of restricted byways. There are also some amendments to improve clarity. A summary of significant changes from version 4 is appended to the guidance.
- The Natural Environment and Rural Communities Act 2006, Part 6: A guide for local authorities, enforcement agencies, rights of way users and practitioners [PDF] (233 KB)
- Illustrative flow chart – chart 1 of 3 [PDF] (71KB)
- Illustrative flow chart – chart 2 of 3 [PDF] (67KB)
- Illustrative flow chart – chart 3 of 3 [PDF] (69KB)
This guidance will be a 'living document' and will be updated as and when needed. If you have any queries on the rights of way provisions in the Natural Environment and Rural Communities Act 2006 that the current version doesn't address, please email us.
The relevant legislation can be accessed through the following links.
The Natural Environment and Rural Communities Act 2006
The Natural Environment and Rural Communities Act (Commencement No.1) Order 2006
The Restricted Byways (Application and Consequential Amendment of Provisions) Regulations 2006
The Countryside and Rights of Way Act 2000 (Commencement No.11 and Savings) Order 2006
Page last modified: 28 May 2008