The Countryside and Rights of Way Act 2000 (Commencement No. 6) Order 2004

Statutory Instruments

2004 No. 3088 (C.128)

COUNTRYSIDE, ENGLAND

The Countryside and Rights of Way Act 2000 (Commencement No. 6) Order 2004

Made

22nd November 2004

The Secretary of State, in exercise of the powers conferred upon her by section 103(3) and (4) of the Countryside and Rights of Way Act 2000(1), hereby makes the following Order:

Citation, interpretation and extent

1.—(1) This Order may be cited as the Countryside and Rights of Way Act 2000 (Commencement No.6) Order 2004.

(2) In this Order references to sections and Parts are references to sections and Parts of the Countryside and Rights of Way Act 2000.

(3) This Order applies in relation to England only(2).

Appointed days

2.—(1) 14th December 2004 is the day appointed for the coming into force of section 2 (rights of public in relation to access land) in so far as it relates to any access land—

(a) which is access land by virtue of section 1(1)(a) or (b); and

(b) which lies within an area covered by the map in conclusive form issued by the Countryside Agency for the purposes of Part I on 28th September 2004.

(2) The day appointed for the coming into force of section 2 in so far as it relates to any access land—

(a) which is access land solely by virtue of section 1(1)(e); and

(b) which lies within an area covered by the map in conclusive form issued by the Countryside Agency for the purposes of Part I on 28th September 2004,

is 14th December 2004 or the end of a period of six months beginning with the day on which the land is dedicated for the purposes of Part I under section 16 (dedication of land as access land), whichever is the later.

Alun Michael

Minister of State

Department for Environment, Food and Rural Affairs

22nd November 2004

Explanatory Note

(This note is not part of the Order)

This Order brings into force, in relation to England only, section 2 of the Countryside and Rights of Way Act 2000 for certain purposes.

It brings into force on 14th December 2004 section 2 (which introduces a new right of access to access land) in so far as it relates to access land which is shown as open country or registered common land on a map in conclusive form and which lies within an area covered by the map in conclusive form issued by the Countryside Agency on 28th September 2004 (such map relates to the central southern area of England).

The Order also brings into force section 2 in so far as it relates to access land which is dedicated as access land under section 16 of the Countryside and Rights of Way Act 2000, which is not also shown as open country or registered common land on a map in conclusive form, but which lies within an area covered by the map in conclusive form issued on 28th September 2004. The day appointed for section 2 in relation to such land is 14th December 2004 or the end of a period of six months beginning with the day on which the land is dedicated under section 16, whichever is the later.

The electronic version of the map in conclusive form issued on 28th September 2004 may be inspected at the offices of the Countryside Agency at John Dower House, Crescent Place, Cheltenham GL50 3RA and 5th Floor, 1 Redcliff Street, Bristol BS1 6NP (telephone [phone]). Copies of the map at a reduced scale may be inspected on the Countryside Agency’s website (www.countryside.gov.uk/access/mapping). For information about where printed copies of such a map can be inspected and obtained, telephone [phone].

Note as to Earlier Commencement Orders

(This note is not part of the Order)

The following provisions of the Countryside and Rights of Way Act 2000 have been brought into force in England by commencement order made before the date of this Order:

ENGLAND

Provision	Date of Commencement	S.I. No.
Section 2 (partially)	19.9.2004	2004/2173
Sections 12, 13, 14, 18 and 20	19.9.2004
Section 46(1)(b)	1.4.2001	2001/114
Section 46(3) (partially)	1.4.2001
Section 46(3) (partially)	19.9.2004	2004/2173
Section 57 (partially)	30.1.2001	2001/114
Section 57 (partially)	12.2.2003	2003/272
Sections 60 to 62	21.11.2002	2002/2833
Section 63	13.2.2004	2004/292
Section 68	1.4.2001	2001/114
Section 70(1) and (3)	13.2.2004	2004/292
Section 70(2) and (4)	1.4.2001	2001/114
Section 72	30.1.2001
Part IV (and Schedules 13, 14, and 15)	1.4.2001
Section 96	1.4.2001
Section 97	1.4.2001
Section 100 (partially)	30.1.2001
Section 100(3)	1.4.2001
Section 102 (partially)	30.1.2001
Section 102 (partially)	1.4.2001
Schedule 2	19.9.2004	2004/2173
Schedule 4, paragraphs 1, 4, 5 and 6	1.4.2001	2001/114
Schedule 4, paragraphs 2 and 3	19.9.2004	2004/2173
Schedule 5, paragraphs 8, 10 and 11 (partially)	13.2.2004	2004/292
Schedule 6, paragraphs 1, 2, 5 (partially), 6, 8 (partially), 9 (partially), 11, 12 (partially), 13 (partially), 14 (partially), 17 (partially), 18 (partially), 19 (partially), 20, 21 (partially), 23 (partially), 24 (partially), 25 and 26	12.2.2003	2003/272
Schedule 6, paragraph 3 (partially)	13.2.2004	2004/292
Schedule 6, paragraph 18(a) (partially)	30.1.2001	2001/114
Schedule 6, paragraph 19 (partially)	30.1.2001
Schedule 16, Part I (partially)	1.4.2001
Schedule 16, Part II (partially)	30.1.2001
Schedule 16, Part II (partially)	1.4.2001
Schedule 16, Parts V and VI	1.4.2001

WALES

The following commencement orders have been made—

• the Countryside and Rights of Way Act 2000 (Commencement No.1) (Wales) Order 2001 (S.I. 2001/203 (W.9) (C.10));

• the Countryside and Rights of Way Act 2000 (Commencement No.2) (Wales) Order 2001 (S.I. 2001/1410 (W.96) (C.50));

• the Countryside and Rights of Way Act 2000 (Commencement No.3) (Wales) Order 2002 (S.I. 2002/2615 (W.253) (C.82));

• the Countryside and Rights of Way Act 2000 (Commencement No.4) (Wales) Order 2004 (S.I 2004/315 (W.33) (C.16)); and

• the Countryside and Rights of Way Act 2000 (Commencement No.5) (Wales) Order 2004 (S.I. 2004/1489 (W.154) (C.59)).

(1)

2000 c. 37.

(2)

As to the exercise of the power to bring these provisions into force as regards Wales, see section 103(3) of the Countryside and Rights of Way Act 2000.