Statutory Document No.387/01 THE HIGHWAYS ACT 1986 THE UNMADE HIGHWAYS IN RURAL AREAS (TEMPORARY CLOSURE) (FOOT AND MOUTH DISEASE PRECAUTIONS) (No. 5) ORDER 2001 Coming into operation 14th. June 2001 Expiring on 20th. July 2001 In exercise of the powers conferred on the Department of Transport by section 38(1) of the Highways Act 1986', and of all other enabling powers, the following Order is hereby made: - Citation, commencement and revocation 1. (1) This Order may be cited as the Unmade Highways in Rural Areas (Temporary Closure)(Foot and Mouth Disease Precautions)(No. 5) Order 2001; (2) Subject to the Department of Transport giving public notice in accordance with section 38(3) of the Highways Act 1986 of the making of this Order, this Order shall come into operation on the 14th. June 2001; (3) The Unmade Highways in Rural Areas (Temporary Closure)(Foot and Mouth Disease Precautions)(No.4) Order 2001 2 is revoked upon the coming into operation of this Order. Interpretation 2. In this Order, — "the Access to Land Order" means the Foot and Mouth (Access to Land)(Special Temporary Provisions) Order 2001 3 made on 24th. May 2001 by the Minister for Agriculture, Fisheries and Forestry. 1 1986 c.17 2 SD No.258/01, as amended by SD No.327/01 3 SD No.314/01 Price: £1.60; Price Band B 01.06(c) 1 "agricultural land" has the same meaning 4 as in article 2 of the Access to Land Order "DAFF" means the Department of Agriculture, Fisheries and Forestry; "the Department" means the Department of Transport; "fenced" means that a fence, wall, hedge or any other feature (e.g. bank, building, cliff, dyke, or river) has the effect of preventing livestock in land adjacent to the highway from gaining access to it. "footpath" (or, in Schedule 2, "path") means a highway, being a public footpath, which is included in the definitive map and statement of public footpaths referred to in section 92 of the Highways Act 1986; "highway" means a highway maintainable at the public expense; "livestock" has the same meaning' as in article 2 of the Access to Land Order, and includes such animals which are feral; "livestock land"— (i) means agricultural land which is used for the grazing, herding, keeping, marshalling or roaming of livestock, but (ii) does not include land where horses are kept in enclosed equestrian stables and paddocks which are not used by other kinds of livestock; "road" means a highway over which the public has a right of way not limited to a right of way on foot, being a highway included on the map referred to in section 3(3) and (4) of the Highways Act 1986; "unmade highway"— (a) means a highway the surface of which is not made up for, or is otherwise not maintained for, use by motor vehicles; (b) does not include a highway which is— (i) a car park provided for use by the public, or (ii) a road maintained for access by vehicles to that car park. 4 "agricultural land" means land used for agriculture and includes— (a) all farmland; (b) other land, including mountain land; used— (i) as arable, meadow or grazing land; or (ii) for the purpose of keeping any livestock 5 "livestock" means cattle, sheep, goats, pigs or horses. Temporary closure of unmade highways in lands used for agriculture 3. (1) Subject to the exceptions specified in article 4, the public's right of way- (a) on foot, (b) on horseback, (c) for passage of animals being driven or led; and (d) for passage of vehicles over the unmade highways referred to in paragraph (2) (the "closed" highways) is suspended until 8.00 a.m. on 20th. July 2001 or until such earlier date as the Department gives public notice to that effect. (2) The closed highways are— (a) (subject to paragraph (3)(a)) closed roads specified in Part 1 of Schedule 1 as roads comprised in livestock land, or (b) (subject to paragraph (3)) closed footpaths described in Part 2 of Schedule 1 as footpaths comprised in livestock land. (3) Paragraphs (1) and (2) do not apply to (a) a road or a footpath if it is in lands of a character described in Part 2 of Schedule 2; or (b) a footpath described in Part 2 of Schedule 1 if it is specified as an open footpath in Part 1 of Schedule 2. 4. Article 3 does not apply to the public's right of way if it is being exercised— (a) for access to or from a dwelling; (b) for access to premises to deliver or load goods or passengers, or to carry out works, if no other road or footpath can be used for that purpose; (c) in pursuance of any statutory function in the highway or in adjacent land or premises; (d) in the course of duty by police, fire brigade, ambulance service, civil defence or coastguard; (e) with the permission of a constable in uniform; (f) by persons authorised by DAFF, whether by virtue of article 4 of the Access to Land Order or otherwise; or 3 (g) in a highway which is in land in respect of which DAFF, whether by virtue of article 4 of the Access to Land Order or otherwise, by notice authorises the public to continue to exercise their right of way generally or for such purpose as may be specified in the notice. 5. The Department may erect and maintain— (a) notices in an open highway (i.e. to which article 3 does not apply),— (i) to indicate to persons using it that a highway ahead, or a length of highway ahead, is an unmade highway to which this Order applies (e.g. "Footpath closed ahead", printed with red lettering); or (ii) to inform persons using it that the highway is not a highway to which article 3 applies, notwithstanding any previous order or notice of closure which applied to the highway, (e.g. "Footpath open", printed with green lettering); (b) in a closed unmade highway (i.e. to which article 3 applies), at a point on it from which that article applies,— (i) notices (e.g. "Footpath closed from this point", printed with red lettering); and (ii) use such other suitable means as it considers appropriate, to indicate that an unmade highway to which article 3 applies is closed as a right of way for the public during the period of precautions against the spread of Foot and Mouth Disease; (c) notices in any unmade highway, whether or not article 3 applies to it, to advise the public exercising dogs on that highway of their obligations under section 23 of the Dogs Act 19906 to keep dogs on a lead or otherwise under effective control; and (d) in any open unmade highway (i.e. to which article 3 does not apply) which is within, or is bordered by, livestock lands, such signs, notices, waymarkers, posts, barriers or other means as the Department considers appropriate to cause persons exercising their right of way in the highway to remain within the confines of the highway. 6 1990 c.4 4 6. For the avoidance of doubt— (1) the public's right of way over a highway which is a road (within the meaning of article 2) comprised in livestock land is not suspended by article 3 unless it is specified in Part 1 of Schedule 1; (2) the public's right of way over a highway which is a footpath (within the meaning of article 2) but which is not specified in Part 1 of Schedule 2 is not suspended by article 3 unless, being comprised in livestock land, it's character is such that it is described in Part 2 of Schedule 1. ( ) a fenced unmade highway (whether a road or a footpath) comprised in livestock land shall not itself be considered to be livestock land unless— (a) it is in the curtilage of a farm (e.g. is a farm street) on which livestock are ordinarily kept; or (b) except in the case of a former railway track, it is ordinarily and routinely used either— (i) as a way for the passage of livestock between livestock lands; or (ii) for the marshalling, herding or grazing of livestock; or (c) in the case of a specified length of former railway track, the Department has authorised, and continues to authorise, the use of that length of railway track for a purpose referred to in sub-paragraph (b). Article 3(2) SCHEDULE 1 UNMADE HIGHWAYS TO WHICH (SUBJECT TO SCHEDULE 2) ARTICLE 3 OF THIS ORDER APPLIES PART 1 SPECIFIED ROADS USED AS FOOTPATHS, COMPRISED IN LIVESTOCK LAND, WHICH ARE CLOSED 1. Unmade highways which are closed roads (i.e. to which article 3(2)(a) applies), are those such roads comprised in livestock lands anneing roads which either— (a) are not fenced within the meaning of article 2, or are inadequately so fenced; or (b) are within the curtilage of a farm; or (c) are in other livestock land and are ordinarily and routinely used— (i) as ways for the passage of livestock between livestock lands; or (ii) for the marshalling, herding or grazing of livestock, and accordingly not being in land of a character described in Part 2 of Schedule 2. 2. The roads specified below are those which fall within a description set out in paragraph 1 above. Item District Road Identity Further identification of closed road Section A: The East, around Douglas and Onchan 1. Onchan Honey Hill Between B12 Creg ny Baa Road and Begoade Road 2.