Under W&CA81 s54, every Highway Authority has a duty to reclassify every Road Used As A Public Path (RUPP) as either a footpath, bridleway or Byway Open To All Traffic depending upon what rights the public have over the route.

If, having carried out research into the route, the Highway Authority find that, on the balance of probabilities, the public have rights to use the route with vehicles (e.g. it is a carriageway) then the route must me reclassified as a BOAT. If no such evidence is found to exist then the route must be reclassified as a Bridleway unless there is evidence that bridleway rights do not exist; in this case the route must be reclassified as a footpath.

There is no 'do nothing' option and once the process is started, it has to be continued. Equally, the provisions of section 54 cannot be used to remove a route from the Definitive Map.

Once a Highway Authority has carried out its research - which should include consultation with user groups - the order is made and the public must be given at least 42 days to object or make representation. During this time the public can also ask the Highway Authority to disclose what evidence they used when making the order.

If no objections are received then the Authority may confirm the order, otherwise the matter must be passed to The Secretary of State for the Environment who will (in nearly all cases) hold a Public Inquiry - this allows anyone with an interest in the route to be heard by the Inspector leading the Inquiry. Statutory objectors are those who made an objection within the 42 days and are able to cross-examine during the Inquiry.