Regulatory Committee
This section contains the following information about the Regulatory Committee:
- Purpose
- Composition
- Public Rights of Way
- Other Licensing Registration and Regulatory Functions
- Common Land and Town and Village Greens
Purpose
a) The Regulatory Committee deals with claims relating to public rights of way and various licensing and registration functions (except registration functions relating to Social Services).
Composition
a) The Committee shall comprise twelve county councillors.
b) The quorum of the Committee shall be three.
c) Meetings are open to the public but they may be excluded where information of an exempt or confidential nature is being discussed – see Access to Information Rules.
d) All committee members must:
(i) Have undertaken mandatory training on the relevant law and procedures which relate to the Committee's work; and
(ii) Undertake further mandatory training on an ongoing basis whilst they continue to be committee members.
e) The decision on whether training is mandatory will lie with the Monitoring Officer. Members will be informed in advance if training is mandatory.
Public Rights of Way
a) To determine applications under section 53 of the Wildlife and Countryside Act 1981 and to decide whether to make and promote to confirmation Orders thereunder.
b) To exercise the following functions, duties and powers of the Council under the Highways Act 1980:
(i) To authorise creation of footpaths, bridleways or restricted byways by agreement under section 25;
(ii) To decide whether to make and promote to confirmation Orders for the creation of footpaths, bridleways and restricted byways under section 26;
(iii) To decide whether to make and promote to confirmation Orders for the extinguishment of footpaths, bridleways and restricted byways in accordance with section 118; with the exception of those which are delegated to the Head of Service for Planning and Environment;
(iv) To decide whether to make and promote to confirmation rail crossing extinguishment orders under section 118A;
(v) To decide whether to make and promote to confirmation special extinguishment orders for the purpose of preventing or reducing crime or of protecting school pupils or staff under section 118B;
(vi) To decide whether to make and promote to confirmation public path extinguishment orders (section 118ZA) and special extinguishment orders (section 118C);
(vii) To decide whether to make and promote to confirmation Orders for the diversion of footpaths, bridleways and restricted byways in accordance with section 119; with the exception of those which are delegated to the Head of Service for Planning and Environment;
(viii) To decide whether to make and promote to confirmation rail crossing diversion orders under section 119A;
(ix) To decide whether to make and promote to confirmation special diversion orders for the purpose of preventing or reducing crime or of protecting school pupils or staff under section 119B;
(x) To decide whether to make and promote to confirmation Sites of Special Scientific Interest (SSSI) diversion orders under section 119D;
(xi) To decide whether to make and promote to confirmation public path diversion orders (section 119ZA) and a special diversion order (section 119C(4)).
c) To decide whether to make orders and promote to confirmation to extinguish certain public rights of way under section 32 of the Acquisition of Land Act 1981.
d) To decide whether to make orders and promote to confirmation orders to designate a footpath as a cycle track under section 3 of the Cycle Tracks Act 1984.
Other Licensing Registration and Regulatory Functions
e) To make appointments to outside bodies to which the Council is entitled to have representation in connection with the discharge of any of the Committee’s functions.
f) To establish sub-committees to undertake any part of the Committee’s functions.
Common Land and Town and Village Greens
g) To decide whether to exercise the Council's powers under the Commons Registration Act 1965 to alter the Register in respect of applications.
h) To make recommendations to the Cabinet on matters under the Commons Registration Act 1965 as amended and Regulations thereunder where responsibility lies with the Cabinet.
i) To make decisions on applications and proposals as determining authority under Part 1 of the Commons Act 2006 save for those under regulation 43 of the Regulations thereunder.
j) To decide whether to apply to the Secretary of State as owner for de-registration of Common Land or Town or Village Green under section 16 of the Commons Act 2006.
k) To decide whether to take steps and what steps to take to protect unclaimed common land or town or village greens against unlawful interference and whether to institute proceedings under section 45 of the Commons Act 2006.
l) To decide whether to apply to the Court for orders against unlawful works on common land under section 41 of the Commons Act 2006.