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This Statutory Instrument has been made in consequence of defects in SI 2003/2713 and is being issued free of charge to all known recipients of that Statutory Instrument.

Statutory Instruments

2006 No. 990

COUNTRYSIDE, ENGLAND

The Access to the Countryside (Exclusions and Restrictions) (England) (Amendment) Regulations 2006

Made

29th March 2006

Laid before Parliament

31st March 2006

Coming into force

24th April 2006

The Secretary of State for Environment, Food and Rural Affairs, in exercise of the powers conferred upon her by sections 32, 44(2) and 45(1)(1) of the Countryside and Rights of Way Act 2000(2) makes the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Access to the Countryside (Exclusions and Restrictions) (England) (Amendment) Regulations 2006 and come into force on 24th April 2006.

Amendment of Regulations

2.—(1) The Access to the Countryside (Exclusions and Restrictions) (England) Regulations 2003(3) are amended as follows.

(2) Renumber regulation 61 (notification of decision—appeals determined by the Secretary of State) as paragraph (1) of that regulation.

(3) In that paragraph, as so renumbered, omit “one”.

(4) After that paragraph insert—

(2) The Secretary of State shall ensure that, as soon as practicable after any notification has been given under paragraph (1), a copy of the amended notice of appeal with her decision endorsed on it is made available for inspection on the website maintained by the Planning Inspectorate Executive Agency for a period of three months..

(5) In paragraph (2) of regulation 62 (notification of decision—transferred appeals) after “appeal” insert “with the inspector’s decision endorsed on it”.

Jim Knight

Parliamentary Under Secretary of State

Department for Environment, Food and Rural Affairs

Date 29 March 2006

Explanatory Note

(This note is not part of the Regulations)

These Regulations apply in relation to England only and amend the Access to the Countryside (Exclusions and Restrictions) (England) Regulations 2003 (S.I. 2003/2713) (“the principal Regulations”). The principal Regulations make provisions relating to the exclusion or restriction of the public right of access to certain types of land under Part I of the Countryside and Rights of Way Act 2000 (c. 37) (“the Act”).

These Regulations provide that where an appeal has been made under section 30 of the Act against a decision of a relevant authority not to act in accordance with an application for a direction to exclude or restrict access for the purpose of fire prevention under section 25(1)(a) of that Act and the hearing of the appeal has been determined by the Secretary of State, she must ensure that a copy of the amended notice of appeal with her decision endorsed on it is made available for inspection on the Planning Inspectorate Executive Agency’s website for three months. Other minor amendments are also made to the principal Regulations.

A full regulatory impact assessment has not been produced for this instrument as it has no impact on the costs of business.

(1)

See the definition of “prescribed” and the definition of “regulations”.

(3)

S.I. 2003/2713.