Statutory Instruments
Highways, ENGLAND
Made
18th May 2007
The Secretary of State, in exercise of the powers conferred on him by section 103(3) and (4) of the Countryside and Rights of Way Act 2000(1), makes the following Order:
1.—(1) This Order may be cited as the Countryside and Rights of Way Act 2000 (Commencement No. 12) Order 2007.
(2) In this Order “the 1980 Act” means the Highways Act 1980(2).
(3) This Order applies in relation to England only(3).
2. 21st May 2007 is the day appointed for the coming into force of section 57 of the Countryside and Rights of Way Act 2000 (amendments to the 1980 Act and other Acts), in so far as it gives effect to the following provisions of Schedule 6 to that Act—
(a)paragraph 5 (amendment to section 36 of the 1980 Act: highways maintainable at public expense) in so far as it is not already in force;
(b)paragraph 12, to the extent that it inserts sections 119D and 119E into the 1980 Act (diversion of certain highways for protection of sites of special scientific interest);
(c)in paragraph 13 (amendment to section 120 of the 1980 Act: exercise of powers of making public path extinguishment and diversion orders), sub-paragraphs (1) to (5) and (7) to (10) to the extent that the amendments made relate to an SSSI diversion order;
(d)paragraph 14 (amendment to section 121 of the 1980 Act: supplementary provisions as to public path extinguishment and diversion orders), to the extent that the amendments made relate to an SSSI diversion order;
(e)in paragraph 17 (amendment to section 293 of the 1980 Act: powers of entry for purposes connected with certain orders relating to footpaths and bridleways), sub-paragraph (b) in so far as it is not already in force;
(f)in paragraph 18 (amendment to section 325 of the 1980 Act: regulations, schemes and orders), sub-paragraph (a) in so far as it is not already in force;
(g)paragraph 19 (amendment to section 326 of the 1980 Act: revocation and variation of schemes and orders), in so far as it is not already in force;
(h)paragraph 21 (amendment to section 334 of the 1980 Act: savings relating to telecommunications apparatus), in so far as it is not already in force;
(i)in paragraph 23 (amendment to Schedule 6 to the 1980 Act: provisions as to making, confirmation, validity and date of operation of certain orders relating to footpaths and bridleways), sub-paragraphs (1) to (4), 5(b), (7) (with the exception of paragraph 2A(1)(b) of Schedule 6 to the 1980 Act), (8) and (9) in so far as they are not already in force; and
(j)paragraph 24 (insertion of Schedule 12ZA to the 1980 Act: delegation of function of making determination), to the extent that the amendments made relate to an SSSI diversion order.
Barry Gardiner
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
18th May 2007
(This note is not part of the Order)
This Order brings into force on 21st May 2007, in relation to England, section 57 of, and Schedule 6 to, the Countryside and Rights of Way Act 2000 to the extent that those provisions insert the following provisions into the Highways Act 1980—
(a)section 119D, which provides for the diversion of certain highways for the protection of the special features of sites of special scientific interest; and
(b)section 119E, which makes provisions supplementary to section 119D.
This Order also brings into force the consequential amendments in Schedule 6 to the Act relating to the above sections.
(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:
| Provision | Date of Commencement | S.I. No. |
|---|---|---|
| Section 2 (partially) | 19.9.2004 | 2004/2173 |
| Section 2 (partially) | 14.12.2004 | 2004/3008 |
| Section 2 (partially) | 28.5.2005 | 2005/827 |
| Section 2 (partially) | 28.8.2005 | 2005/1901 |
| Section 2 (partially) | 31.10.2005 | 2005/2752 |
| Sections 12, 13, 14, 18 and 20 | 19.9.2004 | 2004/2173 |
| Section 46(1)(b) | 1.4.2001 | 2001/114 |
| Section 46(3) (partially) | 1.4.2001 | 2001/114 |
| Section 46(3) (remainder) | 19.9.2004 | 2004/2173 |
| Sections 47 to 50 | 2.5.2006 | 2006/1172 |
| Section 51 (partially) | 27.9.2005 | 2005/2459 |
| Section 51 (partially) | 2.5.2006 | 2006/1172 |
| Section 57 (partially) | 30.1.2001 | 2001/114 |
| Section 57 (partially) | 12.2.2003 | 2003/272 |
| Section 57 (partially) | 27.9.2005 | 2005/2459 |
| Sections 60 to 62 | 21.11.2002 | 2002/2833 |
| Section 63 | 13.2.2004 | 2004/292 |
| Section 68 | 1.4.2001 | 2001/114 |
| Section 69(2) | 27.9.2005 | 2005/2459 |
| 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 | 2001/114 |
| Part IV (and Schedules 13, 14 and 15) | 1.4.2001 | 2001/114 |
| Section 96 | 1.4.2001 | 2001/114 |
| Section 97 | 1.4.2001 | 2001/114 |
| Section 100(1), (2), (4) and (5)(b) | 30.1.2001 | 2001/114 |
| Section 100(3) | 1.4.2001 | 2001/114 |
| Section 102 (partially) | 30.1.2001 | 2001/114 |
| Section 102 (partially) | 1.4.2001 | 2001/114 |
| Section 102 (partially) | 31.10.2005 | 2005/2752 |
| Section 102 (partially) | 2.5.2006 | 2006/1172 |
| 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, paragraph 1 | 2.5.2006 | 2006/1172 |
| Schedule 5, paragraphs 2 (partially) and 5 | 27.9.2005 | 2005/2459 |
| Schedule 5, paragraphs 6 and 7 | 2.5.2006 | 2006/1172 |
| Schedule 5, paragraphs 8, 10 and 11 (partially) | 13.2.2004 | 2004/292 |
| Schedule 5, paragraphs 8, 10 and 11 (remainder) | 27.9.2005 | 2005/2459 |
| Schedule 5, paragraph 9 | 2.5.2006 | 2006/1172 |
| Schedule 5, paragraphs 12 to 17 | 2.5.2006 | 2006/1172 |
| 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 3 (remainder) | 27.9.2005 | 2005/2459 |
| Schedule 6, paragraph 18(a) (partially) | 30.1.2001 | 2001/114 |
| Schedule 6, paragraph 19 (partially) | 30.1.2001 | 2001/114 |
| Schedule 16, Part I (partially) | 1.4.2001 | 2001/114 |
| Schedule 16, Part I (partially) | 31.10.2005 | 2005/2752 |
| Schedule 16, Part II (partially) | 30.1.2001 | 2001/114 |
| Schedule 16, Part II (partially) | 1.4.2001 | 2001/114 |
| Schedule 16, Parts V and VI | 1.4.2001 | 2001/114 |
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.