The Access to the Countryside (Coastal Margin) (Calshot to Gosport) Order 2022

Statutory Instruments

2022 No. 883

Countryside, England

The Access to the Countryside (Coastal Margin) (Calshot to Gosport) Order 2022

Made

1st August 2022

Coming into force

2nd August 2022

The Secretary of State makes this Order in exercise of the powers conferred by section 3A(10) of the Countryside and Rights of Way Act 2000(1).

Citation and commencement

1.  This Order may be cited as the Access to the Countryside (Coastal Margin) (Calshot to Gosport) Order 2022 and comes into force on the day after the day on which it is made.

End of access preparation period

2.—(1) In relation to land which is coastal margin as a result of the relevant approval, the day appointed as the day on which the access preparation period(2) ends is 2nd August 2022.

(2) In paragraph (1), “the relevant approval” means the approval by the Secretary of State(3) under section 52(1) of the Act(4) of the relevant reports on 11th November 2021.

(3) In paragraph (2), “the relevant report” means the report titled “Coastal Access Calshot to Gosport” submitted by Natural England to the Secretary of State under sections 51 and 55A of the Act(5) on 17th July 2019(6).

(4) In this article, “the Act” means the National Parks and Access to the Countryside Act 1949(7).

Benyon

Parliamentary Under Secretary of State

Department for Environment, Food and Rural Affairs

1st August 2022

EXPLANATORY NOTE

(This note is not part of the Order)

This Order appoints the day on which the access preparation period ends in relation to land which is coastal margin as a result of the approval by the Secretary of State of Natural England’s proposals contained in a compendium of reports relating to coastal access along the long-distance route between Calshot and Gosport. A copy of the Secretary of State’s notice of approval is available at www.gov.uk or may be obtained by writing to the Commons and Access Team at the Department for Environment, Food and Rural Affairs, Seacole Building, 2 Marsham Street, London SW1 4DF.

An impact assessment has not been prepared in respect of this Order because the assumptions underlying the Order were reflected in the impact assessment which was prepared for the Marine and Coastal Access Act 2009 (c. 23). It is available at www.gov.uk, or may be obtained by writing to the Commons and Access Implementation Team at the Department for Environment, Food and Rural Affairs at the address given above.

(1)

2000 c. 37; section 3A was inserted by the Marine and Coastal Access Act 2009 (c. 23), section 303(5).

(2)

The term “access preparation period” is defined in section 3A(10) of the Countryside and Rights of Way Act 2000.

(3)

The functions of the Secretary of State under sections 51 and 52 of the National Parks and Access to the Countryside Act 1949 (c. 97) were originally vested in the Minister of Town and Country Planning in relation to England and Wales (see section 114(1) of that Act). The Minister of Town and Country Planning was renamed the Minister of Local Government and Planning by S.I. 1951/142, and was further renamed the Minister of Housing and Local Government by S.I. 1951/1900. S.I. 1965/143 transferred (so far as relevant) the functions of the Minister of Housing and Local Government to the Minister of Land and Natural Resources. The Ministry of Land and Natural Resources was dissolved by S.I. 1967/156 and the functions of that Minister (so far as relevant) were transferred to the Minister of Housing and Local Government. The Ministry of Housing and Local Government was dissolved and the functions of that Minister were transferred to the Secretary of State by S.I. 1970/1681.

(4)

Section 52(1) was amended by the Natural Environment and Rural Communities Act 2006 (c. 16), Schedule 11, Part 1, paragraph 10(f).

(5)

Section 51 was amended by: the Countryside Act 1968 (c. 41), section 21(2); the Local Government Act 1972 (c. 70), Schedule 30; the Environmental Protection Act 1990 (c. 43), Schedule 8, paragraph 1(7); the Environment Act 1995 (c. 25), Schedule 10, paragraph 2(5); the Countryside and Rights of Way Act 2000, Schedule 5, Part 2, paragraph 12 and Schedule 7 paragraph 1; and by the Natural Environment and Rural Communities Act 2006, Schedule 11, Part 1, paragraph 10(e). Section 55A was inserted by the Marine and Coastal Access Act 2009, section 302(1).

(6)

The Coastal Access Calshot to Gosport report is available at www.gov.uk or may be obtained by writing to Coastal Access Delivery Team (South), Natural England, Mail Hub, County Hall, Spetchley Road, Worcester, WR5 2NP.

(7)

1949 c. 97.