Roads Used as Public Paths

The Position Today

RUPPs can no longer be added to a definitive map, and most were reclassified on 2 May 2006 by the Countryside and Rights of Way Act 2000 as restricted byways.

Origin of RUPPs

Section 27(6) of the National Parks and Access to the Countryside Act 1949 created the term ‘Road Used as a Public Path’ or ‘RUPP’ being recorded on the definitive map and statement, and it was defined as

‘a highway, other than a public path, used by the public mainly for the purposes for which footpaths or bridleways are so used.’

Changes Over Time

The uncertainty in the exact definition of a RUPP led to two legislative changes to reclassify them more clearly as footpaths, bridleways or byways open to all traffic. These reclassification attempts were not universally successful, so a new category of restricted byway was created in a third (successful) change.

1. Part III of Schedule 3 to the Countryside Act 1968 required surveying authorities to reclassify all RUPPs at the next review (known as the ‘Special Review’) of the definitive map and statement under the 1949 Act's provisions.

2. Section 54 of the Wildlife and Countryside Act 1981 continued the requirement to reclassify RUPPs to be reclassified, but allowed them to be done one at a time rather than on a whole county or area approach. Many authorities took little action.

3. Section 47 of the Countryside and Rights of Way Act 2000 reclassified every remaining RUPP as a ‘Restricted Byway’. This provision became effective in England on 2 May 2006, but was subject to the determination of any applications made earlier to record another status.