The Open Spaces Society,(1) which campaigns to protect rights of way, commons, and open spaces in Wales and England, has expressed its delight that the Welsh Government will introduce provisions before the Senedd to repeal the 2026 cut-off date for public rights of way.
Speaking in the Senedd on 3 March,(2) Julie James, Counsel General and Minister for Delivery, said that the Government would bring forward amendments to the Legislation (Procedure, Publication and Repeals) (Wales) Bill in stage 2 committee.(3)
Says the society’s general secretary, Kate Ashbrook:
“It is splendid news that the Welsh Government is acting now on its commitment to repeal ‘Path Extinguishment Day’, which remained set (in Wales) for 1 January 2026—only nine months away.(4) This will save countless unrecorded paths from extinction.
“These iniquitous provisions, which at the beginning of this century were a sordid trade-off for greater freedom of access to open country, have been a source of endless frustration and worry for all of those concerned with improving access to the countryside. Now the Welsh Government is delivering on its earlier commitment to repeal, and we warmly welcome its fulfilment. We look to the Government in Westminster to act with equal celerity and determination.”
Kate added:
“The Welsh Government included these repeal provisions in the Bill in a consultation draft in 2022.(5) It then withdrew them following the topsy-turvy positions of Defra Ministers in relation to implementation in England. The society sought the assistance of the Senedd’s Legislation, Justice and Constitution Committee to ask the Minister to restore the provisions to the Bill,(6) and we are pleased that both the committee and the Minister responded favourably. We are delighted to have been able to influence this outcome.
“We look forward to members of the committee(7) accepting the amendments to restore the repeal provisions to the Bill, at its stage 2 proceedings later in the spring.”
Notes
- The Open Spaces Society was founded in 1865 and is Britain’s oldest national conservation body. It campaigns in England and Wales to protect common land, village greens, open spaces and public paths, and people’s right to enjoy them.
- The Minister was speaking in plenary session on the General Principles of the Legislation (Procedure, Publication and Repeals) (Wales) Bill, at para.496.
- The Minister said (para.496): ‘…I am informing Members today that I intend to bring forward amendments at Stage 2 and the committee may then vote on their inclusion or otherwise. If any Member wishes to speak to me about this approach ahead of the Stage 2 proceedings I’m more than happy to hear from them, and I’m keen to ensure that, where we are repealing legislation, the Senedd is satisfied with the basis on which those repeals are being taken forward.’
- The provisions are contained in sections 53–56 of, and para.4 of Schedule 5 to, the Countryside and Rights of Way Act 2000. The provisions have not yet been brought into force in Wales (but in England, the provisions have been brought into force, but with the cut-off date set back to 1 January 2031). These provisions would extinguish rights of way which were not recorded on definitive maps and statements at the cut-off date.
- Draft Statute Law (Repeals) (Wales) Bill, dated 7 October 2022, at para.50 of the Schedule to the Bill.
- Evidence from the society to the committee, dated 4 December 2024/updated 6 January 2025.
- The Committee is chaired by Mike Hedges MS, and other members are Alun Davies MS, Laura Anne Jones MS, and Adam Price MS.
