The Access to the Countryside (Provisional and Conclusive Maps) (England) Regulations 2002

Explanatory Note

(This note is not part of the Regulations)

The Countryside and Rights of Way Act 2000 (“the Act”) established a new regime for access to the Countryside. Under Part I of that Act maps prepared by the Countryside Agency (“the Agency”) will show registered common land and open country. The Access to the Countryside (Maps in Draft Form) (England) Regulations 2001 (S.I. 2001/3301) made provision (in relation to England) for the preparation of, and consultation on, maps issued in draft form under that Part of the Act.

These Regulations, which extend to England only, make provision in respect of the publication of maps issued in provisional and conclusive form (referred to in these Regulations as “provisonal maps” and “conclusive maps” respectively). A provisional map is a map which was issued in draft form by the Agency in accordance with the Draft Maps Regulations, has been confirmed by the Agency (with or without modifications) and has been issued by the Agency in provisional form under section 5(d) or (e) of the Act. A conclusive map is a map issued by the Agency in conclusive form under section 9 of the Act.

Part II of these Regulations (regulations 3 to 14) contain provisions relating to the scale of provisional and conclusive maps, the informing of the public of the issue of such maps and of where they may be inspected, the obtaining by the public of “reduced scale maps” (copies of provisional or conclusive maps on a smaller scale) and for these maps to be made available by the Agency for inspection on the internet, in local authority offices, libraries and at locations where they can by compared with registers of common land.

Part III of these Regulations contains provisions relating to appeals under the Act against the showing of any land on a provisional map as registered common land or open country. It is divided into five chapters.

Chapter I (regulations 15 to 24) sets out the initial procedures which have effect irrespective of whether the appeal is to be determined on the basis of written representations or by way of a hearing or local inquiry. These procedures require an appeal to be made to the Secretary of State, on a form obtained from her, within three months of the date of issue of the provisional map in question and require the Secretary of State to notify the appellant and the Agency of the method by which the appeal is to be determined and of various other procedural matters. The Agency and the appellant are each required to submit a statement containing full particulars of their case to the Secretary of State and are entitled to submit comments to the Secretary of State on each other’s statement and on any representations made to the Secretary of State by any other person in respect of the appeal. Time limits are prescribed for the submission of all such documents.

Chapter II (regulations 25 to 27) sets out procedures to be followed where an appeal is to be determined on the basis of written representations, and includes a requirement relating to the notification by the Secretary of State or an inspector of their decision on the appeal and the reasons for it.

Chapter III (regulations 28 to 39) sets out procedures to be followed where an appeal is to be determined by way of a hearing and includes provisions relating to the giving of notice in respect of a hearing, the procedures to be followed during and after hearing and the notification by the Secretary of State or an inspector of their decision on the appeal and the reasons for it.

Chapter IV (regulations 40 to 55) sets out the procedures to be followed where an appeal is to be determined by way of a local inquiry and includes provisions relating to pre-inquiry meetings, the giving of notice in respect of an inquiry, proofs of evidence, statements of common ground, the procedure to be followed during and after the inquiry and the notification by the Secretary of State or an inspector of their decision on the appeal and the reasons for it.

Chapter V (regulations 56 to 61) contains general provisions relating to all appeals, including power for the Secretary of State to set later time limits than those prescribed by the Regulations for the taking of any step required by the Regulations and a requirement for the Agency to afford persons an opportunity to inspect and take copies of various documents relating to appeals. Provision is also made for the method of appeal to be changed by the Secretary of State, in certain circumstances, during the course of an appeal. Where a decision of the Secretary of State or an inspector on an appeal is quashed by a court, provision is made for any person who appeared at the hearing or local inquiry, or who made representations in respect of the appeal, to make further written representations for the purpose of the further consideration of the appeal by the Secretary of State or to ask for the re-opening of the hearing or local inquiry. In addition, the use of electronic communications is permitted for the purposes of the Regulations.