Clause 63 ensures that where there is historic evidence of use of a route by non-mechanically propelled vehicles, or a historic dedication of a carriageway at a time when horse and cart use was commonplace, that evidence may be used to record a restricted byway. A restricted byway carries a right of way on foot, a right of way on horseback or leading a horse, and a right of way for vehicles other than mechanically propelled vehicles. Thus, the type of vehicles using those routes will be very similar to those entitled to use routes dedicated for vehicular use before the era of motor vehicles. When I spoke at the AGM of the British Horse Society, it wanted an assurance on that matter, so I give it now.

The clause also deals with the repeal of section 34A of the Road Traffic Act 1988. The Government set out the rationale for not implementing section 34A in the 2003 consultation paper and in a parliamentary statement made to this House on 9 December 2003.

As for the new clause, it is important that routes that have ostensibly been used as part of the rights of way network for a long period should be reflected in local authorities’ definitive maps. Section 31 of the Highways Act 1980 ensures that where there has been a continuous period of use of 20 years, a public right of way may be recognised. However, I say to my hon. Friend the Member for Sherwood that I accept that there is some ambiguity in the way section 31 is drafted, which may benefit from clarification. I agree with my him that an application to record a right of way under section 53 of the Wildlife and Countryside Act 1981 on the basis of 20-year evidence of use may not constitute bringing the public right to use a path into question and where there is no dispute about the use of the way, that may present a problem.

The issue is technical, and I would like to consider it further with a view to returning to it in the other place. With that undertaking, I hope that my hon. Friend will withdraw his new clause.