Part 3 - Responsibility for functions

Below are the responsibility for functions.

The duties of the Commons and Rights of Way Committee are set out in Table 3.07.

Table 3.07: The duties of the Commons and Rights of Way Committee

1.

Power to register common land or town or village greens, except where the power is exercisable solely for the purpose of giving effect to:

 

An exchange of lands effected by an order under section 19(3) of, or paragraph 6(4) of Schedule 3 to, the Acquisition of Land Act 1981 (c.67).

Regulation 6 of the Commons Registration (New Land) Regulations 1969 (S.I.1969/1843).

2.

Power to register variation of rights of common and to make amendments to the register of common land and town and village greens of any identified anomalies.

Regulation 29 of the Commons Registration (General) Regulations 1966 (S.I.1966/1471)(a)). Section 19(2)(a) and Paragraphs 6-9  of Schedule 2 of the Commons Act 2006 implemented by the Commons Registration (England) Regulations 2014 (S.I. 2014/3038)

3.

Duty to keep a definitive map and statement under review.

Section 53 of the Wildlife and Countryside Act 1981 (c.69).

4.

Power to include modifications in other orders.

Section 53A of the Wildlife and Countryside Act 1981.

5.

Duty to keep register of prescribed information with respect to applications under section 53(5) of the Wildlife and Countryside Act 1981.

Section 53B of the Wildlife and Countryside Act 1981.

6.

Power to prepare map and statement by way of consolidation of definitive map and statement.

Section 57A of the Wildlife and Countryside Act 1981.

7.

Power to designate footpaths as cycle tracks.

Section 3 of the Cycle Tracks Act 1984.

8.

Power to create footpath, bridleway or restricted byway by agreement.

Section 25 of the Highways Act 1980.

9.

Power to create footpaths, bridleways and restricted byways.

Section 26 of the Highways Act 1980.

10.

Duty to keep a register of information with respect to maps, statements and declarations.

Section 31A of the Highways Act 1980.

11.

Power to apply to stop up highway.

Section 116 of the Highways Act 1980.

12.

Power to stop up footpaths, bridleways and restricted byways.

Section 118 of the Highways Act 1980.

13.

Power to determine application for public path extinguishment order.

Sections 118ZA and 118C(2) of the Highways Act 1980.

14.

Power to make a rail crossing extinguishment order.

Section 118A of the Highways Act 1980.

15.

Power to make a special extinguishment order.

Section 118B of the Highways Act 1980

16.

Power to divert footpaths, bridleways and restricted byways.

Section 119 of the Highways Act 1980.

17.

Power to make a public path diversion order.

 

Sections 119ZA and 119C(4) of the Highways Act 1980.

18.

Power to make a rail crossing diversion order.

 

Section 119A of the Highways Act 1980.

19.

Power to make a special diversion order.

 

Section 119B of the Highways Act 1980.

20.

Power to require applicant for order to enter into agreement.

Section 119C(3) of the Highways Act 1980.

21.

Power to make an SSSI diversion order.

Section 119 of the Highways Act 1980.

22.

Duty to keep register with respect to applications under sections 118Z, 118C, 119ZA and 119C of the Highways Act 1980.

Section 121B of the Highways Act 1980.

23

Power to decline to determine certain applications.

Section 121C of the Highways Act 1980.

24.

Duty to serve notice of proposed action in relation to obstruction.

Section 130A of the Highways Act 1980.

25..

Power to enter into agreements with respect of access.

Section 35 of the Countryside and Rights of Way Act 2000 (c.37).

26.

Power to provide access in absence of agreement

Section 37 of the Countryside and Rights of Way Act 2000.

27.

Power to extinguish certain public rights of way.

Section 32 of the Acquisition of Land Act 1981.

28.

Duty to publish notice in respect of proposal to grant permission under section 115E of the Highways Act 1980.

Section 115G of the Highways Act 1980.

29.

Power to apply for stopping up or diversion of highways.

Section 247 of the Town and Country Planning Act 1990.

30.

Any other function relating to the County Council’s responsibilities for highways, commons, town and village greens under any Act of Parliament enacted now or in the future and any statutory instrument or order made thereunder, which is not reserved by law or under this Constitution to the full Council, the Cabinet or another Council body.

Commons and Rights of Way Committee Membership

9 County Councillors.

County Councillors shall have completed training approved by the Monitoring Officer before taking part in decisions by this Committee.

Page updated: 02/10/2020 Page updated by: Gloucestershire County Council

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