The Countryside and Rights of Way Act 2000 (Commencement No.11 and Savings) Order 2006

© Crown Copyright 2006

Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament.

The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.

It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Queen's Printer imprints which should be removed from any copies of the Statutory Instrument which are issued or made available to the public. This includes reproduction of the Statutory Instrument on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document.

The text of this Internet version of the Statutory Instrument which is published by the Queen's Printer of Acts of Parliament has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The Countryside and Rights of Way Act 2000 (Commencement No.11 and Savings) Order 2006, ISBN 0110745272. The print version may be purchased by clicking here. Braille copies of this Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail: customer.services@tso.co.uk.

Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions.

To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.

"the 1981 Act" means the Wildlife and Countryside Act 1981[2];

"the appointed day" means the day appointed under article 2;

"relevant order" has the meaning given in section 48(10) of the Act;

"surveying authority" has the meaning given in section 66(1) of the 1981 Act[3].

    (3) This Order applies in relation to England only[4].

Appointed day
     2. 2nd May 2006 is the day appointed for the coming into force of the following provisions of the Act—

(a) section 47 (redesignation of roads used as public paths);

(b) section 48 (restricted byway rights);

(c) section 49 (provisions supplementary to sections 47 and 48);

(d) section 50 (private rights over restricted byways);

(e) section 51 (which gives effect to Schedule 5) insofar as it relates to the provisions of Schedule 5 mentioned in paragraph (g) below;

(f) section 102 (which gives effect to Schedule 16) insofar as it relates to the entry in Part II of Schedule 16 referring to section 54 of the 1981 Act;

(g) in Schedule 5 (amendments relating to definitive maps and statements and restricted byways)—


(i) paragraph 1;

(ii) paragraphs 6 and 7;

(iii) paragraph 9; and

(iv) paragraphs 12 to 17.

Savings
     3. —(1) Nothing in sections 47 or 48 of the Act shall affect the operation of section 53 or 54 of, or Schedule 14 or 15 to, the 1981 Act in relation to—

(a) a relevant order made before the appointed day; or

(b) an application made before the appointed day for a relevant order.

    (2) In particular, where, before the appointed day, a surveying authority has made a relevant order under section 54 of the 1981 Act, but that order has not yet come into operation—

(a) the order shall continue to have effect on and after the appointed day, and

(b) the provisions of Schedule 15 to the 1981 Act[5] shall continue to have effect in relation to the order,

as if section 54 had not been repealed.


Jim Knight
Parliamentary Under Secretary of State Department for Environment, Food and Rural Affairs

Date 18th April 2006

[2] 1981 c.69.back

[3] The definition of "surveying authority" in section 66(1) of the 1981 Act was substituted by the Local Government Act 1985 (c.51), Schedule 3, paragraph 7, and amended by the Local Government (Wales) Act 1994 (c.19), Schedule 16, paragraph 65(8).back

[4] As to the exercise of the power to bring these provisions into force in Wales, see section 103(3) of the Act.back

[5] Schedule 15 to the 1981 Act has been amended by the Local Government Act 1985, Schedule 3, paragraph 7, the Local Government (Wales) Act 1994, Schedule 16, paragraph 65(11) and the Countryside and Rights of Way Act 2000, Schedule 5, paragraph 10.back