The cut-off date has been on the statute books since 2000, but was activated late last year by a commencement order, under the instructions of the then Secretary of State, Thérèse Coffey. However, we believe that the legislation does not actually take effect (i.e. no rights of way will actually be extinguished by the relevant provisions) until the cut-off date, which is now set for 1st January 2031. Therefore, right up until that date the legislation could still be repealed.

Now that we have a Government of a different political complexion, it is conceivable that such a repeal could happen, although it is unlikely that any such development would happen until the new government has got its feet well and truly under the desk. It was a Labour government that introduced the cut-off date legislation, but the accompanying undertaking to first complete the definitive map of public rights of way has never been fulfilled.

Here is LARA’s Briefing Note from May 2023, with further background and more information on the implications for motoring interests.

Note: The above applies only in England, as the Welsh Government has made it clear that the cut-off date will not be implemented in Wales.