Active Trip( Wales) Enactments 2013

Active Trip( Wales) Enactments 2013

2013 anaw 7

An Act of the National Assembly for Wales to make provision for the mapping of active trip routes and affiliated installations and for and in connection with integrated network charts; for securing that there are new and advanced active trip routes and affiliated installations; for taking the Welsh Ministers and original authorities to take reasonable way to enhance the provision made for, and to have regard to the requirements of, trampers and cyclists; for taking functions under the Act to be exercised so as to promote active trip peregrinations and secure new and advanced active trip routes and affiliated installations; and for connected purposes.
4 November 2013)

Having been passed by the National Assembly for Wales and having entered the assent of Her Majesty, it’s legislated as follows

1. Overview

This Act makes provision —
a) for approved charts of being active trip routes and affiliated installations in a original authority’s area,
( b) for approved intertwined network charts of the new and advanced active trip routes and affiliated installations demanded to produce integrated networks of active trip routes and affiliated installations in a original authority’s area,
( c) taking original authorities to have regard to integrated network charts in preparing transport programs and to secure that there are new and advanced active trip routes and affiliated installations,
( d) taking the Welsh Ministers to report on active trip in Wales,
( e) taking the Welsh Ministers and original authorities, in the performance of functions under the Highways Act 1980, to take reasonable way to enhance the provision made for trampers and cyclists and to have regard to the requirements of trampers and cyclists in the exercise of certain other functions, and
( f) taking the Welsh Ministers and original authorities to exercise their functions under the Act so as to promote active trip peregrinations and secure new and advanced active trip routes and affiliated installations.

2. Meaning of “ active trip route ” and “ affiliated installations ”etc.

1) For the purposes of this Act a route in a original authority’s area is an active trip route if —
a) the route is positioned in a designated position in the area, and
( b) the original authority considers that it’s applicable for it to be regarded as an active trip route.
2) In this section “ route ” means a trace, or any other route to which the public has access,( including a crossing of a trace or any similar route) and which may lawfully be used by, or by any description of, trampers and cyclists.
3) In this Act “ trampers and cyclists ” means —
a) people who walk,
( b) people who use pedal cycles, other than pedal cycles which are motor vehicles for the purposes of the Road Traffic Act 1988, and
( c) impaired people not within paragraph( a) or( b) who use motorised wheelchairs, mobility scooters or other aids to mobility.
4) In this Act “ designated ”, in relation to a position, means specified, or of a description specified, in a direction given by the Welsh Ministers.
5) The Welsh Ministers may, in particular, specify a position, or description of position, by reference to —
( a) viscosity of population,
( b) size,
( c) propinquity to densely- peopled points above a particular size,
( d) position between similar points,
( e) propinquity to community services and installations, or
( f) eventuality for other reasons to be a position, or description of position, in which more trip is accepted by trampers and cyclists by active trip peregrinations.
6) In considering whether it’s applicable for a route to be regarded as an active trip route, a original authority must take into account —
( a) whether the route facilitates the timber by, or by any description of, trampers and cyclists of active trip peregrinations, and
( b) whether the position, nature and condition of the route make it suitable for safe use by, or by any description of, trampers and cyclists for the timber of similar peregrinations,
and must have regard to guidance given by the Welsh Ministers.
7) In this Act “ active trip trip ” means a trip made to or from a plant or educational establishment or in order to pierce health, rest or other services or installations.
8) For the purposes of this Act “ affiliated installations ”, in relation to an active trip route, means —
( a) installations for sanctum, resting or storehouse,
( b) toilets or washing installations,
( c) signage, or
( d) other installations,
which are available for use by, or by any description of, trampers and cyclists using the active trip route.
9) In determining whether anything constitutes affiliated installations for the purposes of this Act a original authority must have regard to guidance given by the Welsh Ministers.

Charts

3. Existing routes maps

1) Each original authority must —
a) prepare an being routes chart, and
( b) submit it to the Welsh Ministers for blessing.
2) For the purposes of this Act, “ being routes collude ”, in relation to a original authority, means a chart showing the active trip routes and affiliated installations in the original authority’s area.
3) In preparing its being routes collude a original authority must consult —
a) all persons who have requested the original authority that they be consulted about its being routes chart, and
( b) any similar other persons as it considers applicable.
4) In preparing its being routes collude a original authority must have regard to guidance given by the Welsh Ministers as to —
a) the discussion and other way to be taken in preparing it,
( b) the matters to be shown on it, and
( c) its form.
5) A original authority must submit its being routes collude to the Welsh Ministers for blessing —
a) before the end of the period of 1 time beginning with the day on which this section comes into force, or
( b) if the Welsh Ministers by direction given to the original authority specify a date after the end of that period as the date by which it must be submitted to them, no latterly than that date.
6) When submitting an being routes collude to the Welsh Ministers under this section a original authority must also submit to them —
( a) a statement of the extent( if any) to which any of the active trip routes shown on it don’t conform to norms specified in guidance given under section 2( 6), and
( b) an explanation of why the original authority has nonetheless decided that it’s applicable for them to be regarded as active trip routes.
7) When submitting an being routes collude to the Welsh Ministers under this section on any occasion other than the first, a original authority must also submit to them a report specifying how the position of use of active trip routes and affiliated installations in the original authority’s area has changed since the former occasion on which an being routes chart was submitted to the Welsh Ministers under this section by the original authority.
8) If the Welsh Ministers decide not to authorize an being routes collude submitted to them by a original authority under this section, they may by direction given to the original authority bear the original authority —
( a) to revise( or further revise) it, and
( b) to submit it to them for blessing no latterly than the date specified in the direction.
9) In determining whether to authorize an being routes collude submitted to them by a original authority under this section the Welsh Ministers must —
a) consider whether the original authority has complied with subsections( 3) and( 4) in preparing it, and
( b) consider the content of the statement and explanation submitted under subsection( 6).
10) Once an being routes collude prepared by a original authority has been approved by the Welsh Ministers, the original authority —
( a) must keep it under review,
( b) may revise it, and
( c) must submit it to the Welsh Ministers for blessing on each occasion on which the original authority’s integrated network chart is submitted for blessing under section 4.
11) The Welsh Ministers may by direction given to a original authority specify an occasion different from that specified in subsection( 10)( c) as the occasion on which the original authority must submit an being routes collude to the Welsh Ministers for blessing.

4. Integrated network maps

1) Each original authority must —
a) prepare an intertwined network chart, and
( b) submit it to the Welsh Ministers for blessing.
2) For the purposes of this Act, “ intertwined network chart ”, in relation to a original authority, means a chart showing —
( a) the new active trip routes and affiliated installations, and
( b) the advancements of being active trip routes and affiliated installations,
that the original authority considers are demanded to develop or enhance an intertwined network of active trip routes and affiliated installations in designated points in its area.
3) In preparing its intertwined network chart a original authority must consult —
a) all persons who have requested the original authority that they be consulted about its intertwined network chart, and
( b) any similar other persons as it considers applicable.
4) In preparing its intertwined network chart a original authority must have regard to the advisability of —
a) promoting active trip peregrinations, and
( b) securing new active trip routes and affiliated installations and advancements in being active trip routes and affiliated installations.
5) In preparing its intertwined network chart a original authority must have regard to guidance issued by the Welsh Ministers as to —
a) the discussion and other way to be taken in preparing it,
( b) the period to which it’s to relate,
( c) the matters to be shown on it, and
( d) its form.
6) A original authority must submit its intertwined network chart to the Welsh Ministers for blessing —
a) before the end of the period of 3 times beginning with the day on which this section comes into force, or
( b) if the Welsh Ministers by direction given to the original authority specify a date after the end of that period as the date by which it must be submitted to them, no latterly than that date.
7) If the Welsh Ministers decide not to authorize an intertwined network chart submitted to them by a original authority under this section, they may by direction given to the original authority bear the original authority —
( a) to revise( or further revise) it, and
( b) to submit it to them for blessing no latterly than the date specified in the direction.
8) In determining whether to authorize an intertwined network chart submitted to them by a original authority under this section the Welsh Ministers must consider whether the original authority has complied with subsections( 3) and( 5) in preparing it.
9) Once an intertwined network chart prepared by a original authority has been approved by the Welsh Ministers, the original authority —
( a) must keep it under review,
( b) may revise it, and
( c) must submit it to the Welsh Ministers for blessing before the end of each period of 3 times beginning with the day on which it was last approved by them.
10) The Welsh Ministers may by direction given to a original authority specify a period different from that in subsection( 9)( c) as the period before the end of which the original authority must submit an intertwined network chart to the Welsh Ministers for blessing.

5. Publicationetc. of charts

1) As soon as nicely practicable after an being routes collude or integrated network chart prepared by a original authority has been approved by the Welsh Ministers, the original authority must —
( a) publish it in similar manner as it considers applicable,
( b) shoot a free dupe to similar persons as it considers applicable,
( c) supply a dupe of it, or a part of it, to any person on request either free of charge or at no further than the cost of furnishing the dupe,
( d) beget a dupe to be made available for examination( at all reasonable hours) at similar places as it considers applicable, and
( e) give notice, in similar manner as it considers applicable, for bringing the attention of the public to the places at which a dupe of it’s available for examination.
2) In determining what it considers applicable for the purposes of subsection( 1) a original authority must have regard to guidance given by the Welsh Ministers.
3) Where, in connection with an being routes chart which is approved by the Welsh Ministers, a original authority has submitted to them a statement and explanation under section 3( 6) or a report under section 3( 7), the original authority must —

( a) publish it in similar manner as it considers applicable,
( b) shoot a free dupe to similar persons as it considers applicable,
( c) supply a dupe of it, or of a part of it, to any person either free of charge or at no further than the cost of furnishing the dupe,
( d) beget a dupe to be made available for examination( at all reasonable hours) at similar places as it considers applicable, and
( e) give notice, in similar manner as it considers applicable, for bringing the attention of the public to the places at which a dupe of it’s available for examination.

6. Developing transport programs with regard to integrated network chart

Each original authority must, in developing programs under section 108( 1)( a) or( 2A) of the Transport Act 2000( programs forming base of original transport plans), have regard to the integrated network chart for its area.

7. Securing nonstop enhancement in active trip routes

1) Each original authority must in every time secure that there are —
a) new active trip routes and affiliated installations, and
( b) advancements of being active trip routes and affiliated installations,
in its area.
2) A original authority must, in performing the duty assessed by subsection( 1), have regard to guidance given by the Welsh Ministers.
3) Each original authority must make a report to the Welsh Ministers specifying the costs incurred by it in each fiscal time in performing the duty assessed by subsection( 1).

8. Reports by Welsh Ministers on active trip

The Welsh Ministers must make and publish periodic reports on the extent to which trampers and cyclists make active trip peregrinations in Wales.

9. Provision for trampers and cyclists in exercise of certain functions

1) The Welsh Ministers and each original authority must, in the exercise of their functions under corridor 3, 4, 5, 9 and 12 of the Highways Act 1980( creation, conservation and enhancement of roadways, hindrance with roadways and accessionetc. of land), in so far as it’s practicable to do so, take reasonable way to enhance the provision made for trampers and cyclists.
2) The Welsh Ministers and each original authority must have regard to the requirements of trampers and cyclists in the exercise of their functions under —
a) corridor 1, 2, 4 and 7 of the Road Traffic Regulation Act 1984( general and special business regulation, parking places and obstructions),
( b) Part 3 of the New Roads and Street Works Act 1991( road workshop), and
( c) Part 2 of the Traffic Management Act 2004( network operation by original business authorities).

10. Duty to exercise functions to promote active trip

1) The Welsh Ministers and original authorities must exercise their functions under this Act in a manner designed to —
a) promote active trip peregrinations, and
( b) secure new active trip routes and affiliated installations and advancements in being active trip routes and affiliated installations.
2) Each original authority must make a report to the Welsh Ministers specifying what it has done in each fiscal time in the performance of the duty assessed on it by subsection( 1).

11. Review of operation of Act

The Welsh Ministers must, no latterly than the end of the period of 5 times beginning incontinently after the end of the period mentioned in section 4( 6)( a), carry out a review of the operation of this Act with a view in particular to assessing its success in securing new active trip routes and affiliated installations and advancements of being active trip routes and affiliated installations.

12. Directions and guidance

1) Any directions or guidance given under this Act by the Welsh Ministers may be varied or abandoned by them.
2) In giving( or varying or repealing) directions or guidance under this Act the Welsh Ministers must have regard to the advisability of —
a) promoting active trip peregrinations, and
( b) securing new active trip routes and affiliated installations and advancements in being active trip routes and affiliated installations.

13. Interpretation

In this Act —

“ active trip trip ”( “ taith teithio llesol ”) has the meaning given by section 2( 7);

“ active trip route ”( “ llwybr teithio llesol ”) has the meaning given by section 2( 1);

“ designated ”( “ dynodedig ”) has the meaning given by section 2( 4);

“ being routes collude ”( “ chart llwybrau presennol ”) has the meaning given by section 3( 2);

“ fiscal time ”( “ blwyddyn ariannol ”) means the period of 12 months ending with 31st March;

“ integrated network chart ”( “ chart rhwydwaith integredig ”) has the meaning given by section 4( 2);

“ original authority ”( “ awdurdod lleol ”) means a county council or county city council in Wales;

“ affiliated installations ”( “ cyfleusterau cysylltiedig ”) is to be demonstrated in agreement with section 2( 8) and( 9);

“ trampers and cyclists ”( “ cerddwyr a beicwyr ”) has the meaning given by section 2( 3).

14. Commencement

1) Sections 3 to 11 come into force in agreement with provision made by the Welsh Ministers by order made by statutory instrument.
2) The other vittles of this Act come into force on the day after the day on which this Act receives Royal Assent.
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