Register Section 31A Highways Act 1980

The Dedicated Highways (Registers under Section 31A of the Highways Act 1980) England Regulations 2007 No. 2334.

Section 31(6) of the Highways Act 1980 allows a landowner to deposit with the relevant Highway Authority Statements and Plans and Statutory Declarations showing any ways over their land that they recognise as being Public Rights of Way.

Section 31(6) enables landowners to deposit with the Highway Authority a Statement and a Plan at 1:10,000 scale (6 inch to one mile) or larger showing the ways (if any) which they admit are dedicated Public Rights of Way. If the landowner then, within ten years, deposits a Statutory Declaration stating that no additional Public Rights of Way have been dedicated since the deposit of the Statement and Plan, this is sufficient, in the absence of proof to the contrary, to establish that no additional ways have in fact been dedicated. The landowner may continue to deposit similar Declarations at intervals of ten years or fewer, with the same effect.

The effect of the deposit of a Statement and Plan and at a later date a Statutory Declaration is, from the date of the deposit, designed to deny any intention to dedicate a way which might otherwise be implied or presumed from public use.  The lodging of Statutory Declarations every ten years continues to negative any intention that might otherwise arise.  The Declaration will have no effect in denying the existence of Public Rights of Way already shown on the Definitive Map, or otherwise shown to carry public rights, including deemed dedication by virtue of 20 years use before the Plan and Statement was deposited.

Parishes where Plans and Statutory Declarations  have been deposited