Statutory Document No. 21 0 / 01 THE HIGHWAYS ACT 1986 THE UNMADE HIGHWAYS IN RURAL AREAS (TEMPORARY CLOSURE) (FOOT AND MOUTH DISEASE PRECAUTIONS) (No. 3) ORDER 2001 Coming into operation 12th. April 2001 In exercise of the powers conferred on the Department of Transport by section 38(1) of the Highways Act 1986 1, 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. 3) Order 2001; (2) Subject to the Department 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 12th. April 2001; (3) The Unmade Highways in Rural Areas (Temporary Closure)(Foot and Mouth Disease Precautions)(No.2) Order 2001 2 is revoked upon the coming into operation of this Order. Interpretation 2. In this Order,— "footpath" 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; "road" means a highway other than a footpath included on the map referred to in section 3(3) and (4) of the Highways Act 1986; 1 1986 c.17 2 SD No. 180/01 Price: £1.60; Price Band B 1 "unmade highway"— (a) means a highway the surface of which is not made up for use by motor vehicles; (b) does not include— (i) a car park provided for use by the public, and (ii) a road maintained for access by vehicles to that car park. Temporary closure of unmade highways in lands used for agriculture 3. (1) Subject to 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 which are roads (including a road used as a footpath) specified in Part 1 of Schedule 1, or (subject to paragraph (2)) footpaths described in Part 2 of Schedule 1, is suspended until 8.00 a.m. on 12th. May 2001 or until such earlier date as the Department gives public notice to that effect. (2) This article does not apply to a footpath described in Part 2 of Schedule 1 if — (a) it is specified in Part 1 of Schedule 2; or (b) it is in lands of a character described in Part 2 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; 2 (f) by persons authorised by the Department of Agriculture, Fisheries and Forestry; or (g) in a highway which is in land managed by the Department of Agriculture, Fisheries and Forestry and in respect of which land that Department 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 of Transport may erect and maintain— (a) notices in a highway 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 green lettering); or (ii) to inform persons using it that the highway is not a highway to which this order applies, notwithstanding any previous order or notice of closure which applied to the highway, (e.g. "Footpath now open"), and (b) in a highway to which article 3 applies, at a point on it from which this Order 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 a highway to which this Order applies is closed as a right of way for the public during the period of precautions against the spread of Foot and Mouth Disease. 6. For the avoidance of doubt, the public's right of way over a highway which is a road (within the meaning of article 2) is not suspended by article 3 unless it is specified in Part 1 of Schedule 1. I1 3 Article 3. SCHEDULE 1 UNMADE HIGHWAYS TO WHICH (SUBJECT TO SCHEDULE 2) THIS ORDER APPLIES PART 1 SPECIFIED PUBLIC ROADS USED AS FOOTPATHS, WHICH ARE CLOSED AS PUBLIC RIGHTS OF WAY Item District Road Identity Further identification of closed road 1. Braddan Middle Farm From Kewaigue to Oakhill 2. Braddan Creg y Cowin Between Baldwin River and Windy Corner 3. Braddan Governor Loch's Between Colden Plantation top gate and moorgate at Road Brandywell Road 4. Marown Eairy Kelly Between St. Runius Old Church and Archallagan 5. German Mannanan's Chair From Cronk y Voddy to Staarvey Road at Mannanan's Chair 6. German Crosh Mooar From Staarvey Road at Mannanan's Chair to the Switchback at Lhergydhoo 7. German Dowse, Greeba From Ballaspur (near Ballig) to moorgate at the top of Greeba Mill Lane 8. German Greeba Greenway Between the former railway line and Cornelly Mines. (Ballachurry Road) 9. German Kerrowgarrow Road Between Kennaa Road and Cornelly Mines (Greenway) 10. Patrick Creggan Moar Slabs Between Creggan Mooar ford and Eairy Cushlin moorgate 11. Patrick Slieau Whallian From Slieau Whallian Road to the Garey Greenway 12. Patrick Doarlish Cashen Between Glen Maye Sound Road and Dalby Road on Dalby Mountain 13. Ballaugh Glen Dhoo Greenway From the Ravensdale Road, Ballaugh Glen 14. Michael Stockfield Road From the upper entrance of Glen Mooar (Spooyt Vane Glen) to Skerrisdale Beg Farm entrance 4 • 15. Michael/ Michael Hills Between Mountain Gates at- Ballaugh Greenways Brandywell, Slieau Dhoo (Druidale Road) Slieau Curn (Ballacurn, Ballacobb, Ballaugh), and Slieau Curn (Lhergyvreck, Kirk Michael) 16. Lezayre Sky Hill Road (Millennium Way) From the top gateway of Sky Hill Plantation to Block Eairy moor, then diverting from the Millennium Way to East Mountain Gate on Snaefell Mountain Road 17. Lezayre Narradale From the moorgate to Millennium Way 18. Lezayre Rullick Road From Ginger Hall to Millennium Way 19. Lezayre Ballacuberagh Road From the top gateway of Ballacuberagh Plantation to • Druidale Road 20. Maughold Park Llewellyn Road From its junction with the Ramsey to Laxey Coast Road (between Cardle and the Hibernian) 21. Maughold Glen Mona Upland From the lowest farm gate, above Glen Mona Hotel, Road to junction with Slieau Lhean Road 22. Maughold Comaa Harbour Road From the Barony Estate gate to Port Cornaa (Benussi's Road) 23. Lonan Windy Corner Between Windy Corner and the Glen Roy Road 24. Lonan Snaefell Mines Road From Agneash 25. Lonan Slieau Lhean Road From Mountain gate at Clarum to junction with Glen Mona Upland Road 26. Onchan Honey Hill Between B12 Creg ny Baa Road and Begoade Road 27. Onchan Conrhenny Forked roads between B 12 and Begoade Road 28. Onchan Lanjaghan Between Abbeylands and Creg ny Baa 29. Rushen Carnanes Greenway Between Surby moorgate and the Sloe 30. Various Former Railway lines Those lengths of the former railway Districts tracks between Douglas and Peel, St. John's and Sulby, and St. John's and Foxdale which ARE NOT included in Schedule 2. • 5 PART 2 DESCRIPTION OF PUBLIC FOOTPATHS WHICH (SUBJECT TO SCHEDULE 2) ARE CLOSED AS PUBLIC RIGHTS OF WAY 1. Subject to Schedule 2, article 3 of the Order applies to the following descriptions of unmade highways, being footpaths, which pass through, or are otherwise adjoined by, agricultural land — (1) Unfenced footpaths; (2) Fenced footpaths which are ordinarily used as ways for- (a) the passage of agricultural animals or agricultural vehicles between agricultural lands; or (b) the marshalling or herding of agricultural animals. 2. In this Part— "agricultural animals" means- (a) animals of a kind which are ordinarily reared for the purposes of agriculture, being cattle, sheep, pigs, and goats; and (b) other animals, being horses, deer, donkeys, mules, wallabies and llamas, and includes such animals which are feral. "agricultural land" means land which is used for the grazing, herding, keeping, marshalling or roaming of agricultural animals; "fenced" means that a fence, wall, hedge or any other feature (e.g. bank, building, cliff, dyke, or river) has the effect of preventing agricultural animals in land adjacent to the highway from gaining access to it. 6 SCHEDULE 2 PART 1 PUBLIC FOOTPATHS (INCLUDING ROADS USED AS FOOTPATHS), WHICH ARE OPEN AS PUBLIC RIGHTS OF WAY Paths Open Town and Village Areas; Path No. Description Douglas 222 From Saddle Road at the Saddle Cottages to Vicarage Road. 223 The Nunnery path 224 From Pulrose over the. Golf Course to Kewaigue. 334 From 223 alongside the Middle River to Kewaigue. 460 The Gooseneck Path. 461 Summerland path. 462 Between Victoria Road and Palace Road. 633 Between Ballabrooie and Peel Road. Onchan 148 Ashley Hill School to Little Mill Road. 329 Majestic coastal path. 428 From Royal Avenue through the Church yard to Church Road. 538 Royal Avenue to Marion Road.