Part I

Section 1 is a definition section. It contains the definition for "access land" which is defined as mainly open country or registered common land similar to the definition used in the WCA 1981. It also defines an access authority, which in Surrey’s case is Surrey County Council. "Open country" is predominantly mountain, moor, heath or down.

Section imposes severe restrictions on the activities that can take place on access land. Unsurprisingly things like lighting fires and stealing eggs from bird nests are prohibited. Bathing in non-tidal water is also out as is metal detecting.

Section 4 states that the Countryside Agency will prepare a map showing all registered common and open country. There is then a procedure for objecting to the map.

Section 10 imposes a duty on the Countryside Agency to review the map.

Section 17 says that an access authority can make bye-laws in relation to access land.

Section 18 provides for wardens to protect access land.

The remainder of this Part deals with restrictions on access to land, means of access and surveying the land.

Part II

This is the Part that deals with public rights of way and road traffic.

Sections 47 and 48 provide for a general redesignation of "roads used as public paths" (known as RUPP’s). All RUPP’s will become restricted byways unless they already carry full vehicular rights of way.

Section 47(2) abolishes the expression "road used as public paths" (known as RUPP’s and found in the WCA 1981). These are now restricted byways.

Section 47 to 51 go on to say that restricted byways will have a right of way on foot, on horseback, leading a horse and for vehicles other than mechanically propelled vehicles.

Section 53 extinguishes unrecorded rights of way and establishes a cut off date for the inclusion of such paths in the definitive map (1^st January 2026).

Section 60(1) says that every local highway authority shall within 5 years of the commencement of this section, prepare and publish a "rights of way improvement plan".

The plan has to contain a number of features, such as the highway authority’s plan of action for the management of local rights of way, as well as the extent to which to which local rights of way meet the present and future likely needs of the public. There should also be provision for "exercise" and other forms of "open air recreation" as well as accessibility for blind and partially sighted persons.

Thereafter the highway authority has to review the plan every ten years.

The highway authority is also supposed to consult a number of interested parties, such as other local authorities and the Countryside Agency.

Section 63 amends the Highways Act 1980 so as to allow any person to serve a notice on the Highway Authority requiring them to remove an obstruction from a footpath, bridleway or byway open to all traffic.

Sections 64 and 65 make further amendments to the Highways Act 1980, one of which requires the Highway Authority one of which is felling or cutting trees which endanger the passage of horse riders.

Section 66 amends the Road Traffic Regulation Act 1984 so an enable the Highway Authority to make orders in relation to highways so as to conserve the flora, fauna, geological and physiographical features.

Section 67 enacts Schedule 7 of the Act, which prohibits the driving of mechanically propelled vehicles along footpaths, bridleways and restricted by-ways.

Section 69 is about erecting and improving stiles.

There are also further amendments to the Highways Act 1980, which allow a highway authority to extinguish or divert footpaths, bridleways and BOAT’s, if it is for the purpose of reducing crime which would otherwise disrupt the community.

Part III

This is about nature conservation and wildlife protection. Section 73 says that the Nature Conservancy Council for England is henceforth known as English Nature.

(The functions of English Nature have now been taken over by Natural England under the Natural Environment and Rural Communities Act 2006. Changing the names of statutory bodies is one of the mysterious features of modern government)

Section 75 brings into force Schedule 9, which amends the law contained in WCA 1981 in relation to Sites of Special Scientific Interest.

Section 77 introduces "Ramsar Sites" which are wetlands designated by the Ramsar Convention.

Part IV

Part IV introduces the concept of "Areas of Outstanding Natural Beauty" ("AONB’s"). These are designated by the Countryside Agency.

Sections 82 and 83 describe the procedures whereby certain areas are designated AONB’s.

Section 86 establishes "conservations boards" to look after each AONB. Under section 89 each conservation board publishes a plan for the management of their area.

Part V

Part V has miscellaneous and supplementary provisions, for instance in relation to village greens and the Norfolk and Suffolk Broads.

Section 94 states that the local highway authority should establish an advisory body known as a "local access forum".

That forum advises the local authority in relation to access to land for the purpose of open air recreation.

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