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The Countryside and Rights of Way Act 2000 (Commencement No. 10) Order 2005

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Statutory Instruments

2005 No. 2752 (C. 112)

COUNTRYSIDE, ENGLAND

The Countryside and Rights of Way Act 2000 (Commencement No. 10) Order 2005

Made

6th October 2005

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), 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.10) Order 2005.

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

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

Appointed days

2.  (1)  31st October 2005 is the day appointed for the coming into force of the following provisions—

(a)section 2 (rights of public in relation to access land) in so far as it relates to any access land—

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

(ii)which lies within an area covered by one of the maps in conclusive form issued by the Countryside Agency for the purposes of Part I on 1st July 2005 and 16th August 2005;

(b)section 102 (which introduces Schedule 16) in so far as it relates to the provisions in Schedule 16 referred to in sub-paragraph (c) below;

(c)Part I of Schedule 16 (repeals relating to access to the countryside) in so far as it relates to:

(i)paragraph 35A of Schedule 17 to the Local Government Act 1972(3); and

(ii)paragraph 13 of Schedule 6 to the Local Government (Wales) Act 1994(4).

(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 one of the maps in conclusive form issued by the Countryside Agency for the purposes of Part I on 1st July 2005 and 16th August 2005,

is 31st October 2005 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.

Jim Knight

Parliamentary Under Secretary of State

Department for Environment, Food and Rural Affairs

6th October 2005

Explanatory Note

(This note is not part of the Order)

This Order brings into force certain provisions of the Countryside and Rights of Way Act 2000 in relation to England only.

Apart from minor consequential repeals, it brings into force on 31st October 2005 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 one of the maps in conclusive form issued by the Countryside Agency on 1st July 2005 and 16th August 2005 (such maps relate to the west area of England and the east area of England, respectively).

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 shown as open country or registered common land on a map in conclusive form, but which lies within an area covered by one of the maps in conclusive form issued on 1st July 2005 and 16th August 2005. The day appointed for section 2 in relation to such land is 31st October 2005 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 maps in conclusive form, issued on 1st July 2005 and 16th August 2005, may be inspected at the offices of the Countryside Agency at John Dower House, Crescent Place, Cheltenham GL50 3RA, 5th Floor, 1 Redcliff Street, Bristol BS1 6NP, and 3rd Floor, Bridgewater House, Whitworth Street, Manchester M1 6LT (telephone 0845 100 3298). Copies of the maps 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 maps can be inspected and obtained, telephone 0845 100 3298.

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:

ProvisionDate of CommencementS.I. No.
Section 2 (partially)19.9.20042004/2173
Section 2 (partially)14.12.20042004/3088
Section 2 (partially)28.5.20052005/827
Section 2 (partially)28.8.20052005/1901
Sections 12, 13, 14, 18 and 2019.9.20042004/2173
Section 46(1)(b)1.4.20012001/114
Section 46(3) (partially)1.4.2001
Section 46(3) (remainder)19.9.20042004/2173
Section 51 (partially)27.9.20052005/2459
Section 57 (partially)30.1.20012001/114
Section 57 (partially)12.2.20032003/272
Section 57 (partially)27.9.20052005/2459
Sections 60 to 6221.11.20022002/2833
Section 6313.2.20042004/292
Section 681.4.20012001/114
Section 69(2)27.9.20052005/2459
Section 70(1) and (3)13.2.20042004/292
Section 70(2) and (4)1.4.20012001/114
Section 7230.1.2001
Part IV (and Schedules 13, 14, and 15)1.4.2001
Section 961.4.2001
Section 971.4.2001
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 219.9.20042004/2173
Schedule 4, paragraphs 1, 4, 5 and 61.4.20012001/114
Schedule 4, paragraphs 2 and 319.9.20042004/2173
Schedule 5, paragraphs 2 (partially) and 527.9.20052005/2459
Schedule 5, paragraphs 8, 10 and 1113.2.20042004/292
Schedule 5, paragraphs 8, 10 and 1127.9.20052005/2459
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 2612.2.20032003/272
Schedule 6, paragraph 313.2.20042004/292
Schedule 6, paragraph 327.9.20052005/2459
Schedule 6, paragraph 18(a) (partially)30.1.20012001/114
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 VI1.4.2001

WALES

The following commencement orders have been made—

(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.

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