With this it will be convenient to discuss new clause 8—Dedication of way as highway presumed after public use for 20 years—

‘(1)Amend section 31 of the Highways Act 1980 (c. 66) (dedication of way as highway presumed after public use for 20 years) as follows.

(2)In subsection (2) leave out the words after “question”.

(3)After subsection (2) insert—

“(2A)For the purposes of subsection (2), the right of the public to use the way may be brought into question—

(a)by a notice such as is mentioned in subsection (3) below;

(b)by an application for a modification order under section 53(5) of the Wildlife and Countryside Act 1981 to add the way to the definitive map and statement; or

(c)otherwise.

(2B)Where the right of the public to use the way is brought into question in the manner specified in subsection (2A)(b) above, the date on which the right shall be deemed to have been brought into question shall be the date of the certificate issued under paragraph 2(3) of Schedule 14 to the Wildlife and Countryside Act 1981.”.’.