The Public Rights of Way (Register of Applications under section 53(5) of the Wildlife and Countryside Act 1981) (England) Regulations 2005

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    (3) These Regulations apply to England only[2].

Information to be contained in the register
     2. —(1) The register shall contain with respect to each application under section 53(5) of the Act—

(a) a copy of the application together with a copy of any map submitted with the application;

(b) a description of the intended effect of the application;

(c) a description of the geographical location to which the application relates, which shall be identified by reference to:


(i) an Ordnance Survey six-figure grid reference in respect of each end of the public right of way or proposed public right of way, or, where the public right of way is already recorded on the relevant definitive map, the path number;

(ii) the address of any property (including its postcode) on which the public right of way or proposed public right of way lies;

(iii) the names of the principal cities, towns and villages nearest to the public right of way or proposed public right of way; and

(iv) the parish, ward or district in which the public right of way or proposed public right of way lies,



and where the application relates to part only of a public right or way, the particulars to be recorded under (ii) to (iv) shall relate to that part only.

(d) subject to paragraph (3), the applicant's name and address, including postcode;

(e) the date the application was received by the surveying authority;

(f) any unique reference allocated by the surveying authority to the application together with the job title of the person at the surveying authority responsible for dealing with the application, the authority's e-mail address and telephone number;

(g) any date set by the surveying authority for the determination of the application;

(h) the terms of any direction by the Secretary of State under paragraph 3(2) of Schedule 14 to the Act (direction to the authority to determine an application within a specified period);

(i) the date on which the application was determined by the surveying authority;

(j) the decision of the surveying authority on the determination of the application;

(k) where the decision was to make an order on determination of the application, details of whether or not the order was confirmed (with or without modifications) in accordance with Schedule 15 to the Act; and

(l) where the surveying authority has refused an application, the outcome of any appeal against that decision under paragraph 4 of Schedule 14 to the Act.

and the register shall be updated as soon as reasonably practicable (but in any event not before the relevant date) to take into account any of the matters set out in sub-paragraphs (g) to (l) of regulation 2(1).

    (7) A surveying authority shall amend the register if it is satisfied that the register contains a material error.

Transitional provision
     4. These Regulations do not apply to any application under section 53(5) of the Act which has been determined by the surveying authority under Schedule 14 to the Act before the relevant date.


Jim Knight
Parliamentary Under-Secretary of State Department for Environment, Food and Rural Affairs

1st September 2005

[2] The functions of the Secretary of State under section 53B of the Act are, so far as exercisable in relation to Wales, transferred to the National Assembly for Wales by article 2 of, and Schedule 1 to, the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672), as extended by section 99 of the Countryside and Rights of Way Act 2000 (c.37).back