Surveys of Rights of Way, Outdoor Access and Procedures 2010-2019

How to Use this Page. #

These are not guidebooks about which path to follow or what hills to climb, these are books that cover the management and development of outdoor access.

Publications are grouped by subject area and then by decade.

Each entry follows the same layout and is organised thus:

Author, (Year of publication), Title, Publisher, followed by a paragraph about the book. This may be the advertising paragraph from the book cover or a short review.

Where possible a weblink is included, but some of the publications are not available online so you will need to use your favourite bookseller to get a copy. Some are no longer in print so you may need to go to a real bricks and mortar library to find a copy.

The Law Commission nd the Scottish Law Commission, (2013) Report on Level Crossings, Law Commision No 339, Scot Law Com No 234, The Stationary Office #

A project on level crossings law reform was recommended by the Department for Transport and commenced in 2008.  It was conducted jointly by the Law Commission and the Scottish Law Commission. In November 2010 a detailed consolation phase was started and the joint Report of the two Law Commissions was published in 2013, accompanied by a draft Bill.

The recommendations fell into three broad categories: safety of level crossings, closure of level crossings and rights of way. The Law Commissions recommended that safety at level crossings should be governed in future by the Health and Safety at Work Act 1974, which applies to other aspects of railway safety, in place of the Level Crossings Act 1983 and a mixture of private Acts dating back to the building of the railways. The Commissions also recommended that a more streamlined procedure for closing level crossings should be introduced, set out in the draft Bill. Finally, they recommended that the law on rights of way across railways should be clarified.  For Scotland, it was recommended that the Scottish Ministers should have an order-making power in relation to level crossings to facilitate the exercise of access rights under the Land Reform (Scotland) Act 2003.

Railways are a reserved matter to the UK Government and in 2018 the UK Government said they would not enact the recommendation for new legislation as the Law Commissions recommended.

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