Guidance

Rights of way advice note 19: Human Rights Act 1998

Human rights arguments

This publication was withdrawn on

This advice note relates to policy and legal guidance matters, this responsibility falls outside of the remit of the Inspectorate. It has therefore been decided that rights of way advice notes produced by the Inspectorate will no longer be updated and will be archived on GOV.UK.

Applies to England

Documents

Details

This guidance sheet contains information on:

  • key sections of the Human Rights Act 1998
  • key convention rights likely to affect rights of way work
    • the right to a fair trial – Article 6
    • the right to respect for private and family life and for the home - Article 8
    • article 1 of the first protocol: the right to property
  • dealing with human rights questions
    • how to approach a claim of a violation of human rights at an inquiry or hearing (excluding Wildlife and Countryside Act cases)
    • Highways Act 1980: orders made under (ss. 26, 118, 118A, 118B, 119, 119A, 119B)
    • Town and country planning Act 1990: orders made under s.257
    • Wildlife and Countryside Act 1981: orders made under ss. 53 & 54

Updates to this page

Published 1 April 2015
Last updated 14 October 2021 + show all updates
  1. References to Wales removed

  2. First published.

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