The Access to the Countryside (Provisional and Conclusive Maps) (England) (Amendment) Regulations 2003

This Statutory Instrument has been made in consequence of defects in S.I. 2002/1710, and is being issued free of charge to all known recipients of that Statutory Instrument.

Statutory Instruments

2003 No. 32

COUNTRYSIDE, ENGLAND

The Access to the Countryside (Provisional and Conclusive Maps) (England) (Amendment) Regulations 2003

Made

9th January 2003

Laid before Parliament

13th January 2003

Coming into force

3rd February 2003

The Secretary of State for Environment, Food and Rural Affairs, in exercise of the powers conferred upon her by sections 11(1) and (2), 44(2) and 45(1)(1) of the Countryside and Rights of Way Act 2000(2), and of all other powers enabling her in that behalf, hereby makes the following Regulations:

Title, commencement and application

1.—(1) These Regulations may be cited as the Access to the Countryside (Provisional and Conclusive Maps) (England) (Amendment) Regulations 2003 and shall come into force on 3rd February 2003.

(2) These Regulations apply in relation to England only(3).

Amendment

2.  The Access to the Countryside (Provisional and Conclusive Maps) (England) Regulations 2002(4) shall be amended as follows—

(a) in regulation 2(1) (general interpretation) the words “, unless the context otherwise requires” shall be omitted;

(b) in regulation 8 (supply of reduced scale maps to certain bodies and to members of the public)—

(i) in paragraphs (1) and (2), at the beginning of sub-paragraph (a), there shall be inserted the words “(subject to paragraph (2A))”, and

(ii) after paragraph (2) there shall be inserted the following paragraph—

“(2A) Where the functions of a person specified in Part I or II of the Schedule to these Regulations relate to only part of the area of land covered by the provisional or conclusive map, the Agency may send a reduced scale map relating to only that part.”;

(c) in regulation 15 (interpretation—Part III),—

(i) after the definition of “pre-inquiry meeting” there shall be inserted the following definition—

““prescribed period” means a period prescribed by these Regulations as one within which certain requirements so prescribed are to be met;”, and

(ii) for the definition of “start date” there shall be substituted the following definition—

““start date” means the date on which certain prescribed periods are to begin, and, in relation to any given appeal, means the date specified by the Secretary of State under paragraph (a) of regulation 19 in her written notice to the appellant and the Agency under that regulation”;

(d) for regulation 22 (copies of documents etc) there shall substituted the following regulation—

Copies of documents etc.

22.— (1) The Secretary of State shall, as soon as practicable after the expiry of six weeks from the start date—

(a) send to the appellant a copy of any statement of case submitted by the Agency under regulation 21(a);

(b) send to the Agency a copy of any statement of case submitted by the appellant under regulation 21(b); and

(c) send to the appellant and the Agency a copy of any representations submitted by any person under regulation 21(c).

(2) The Secretary of State shall, as soon as practicable after the receipt of any further information which she or the inspector has required under regulation 24, send a copy of the document received—

(a) in the case of information received from the appellant or the Agency, to the other party; and

(b) in the case of information received from any other person, to the appellant and the Agency.” ; and

(e) in regulation 47 (inspector may act in place of Secretary of State) “41(5),” shall be omitted.

Alun Michael

Minister of State,

Department for Environment, Food and Rural Affairs

9th January 2003

Explanatory Note

(This note is not part of the Regulations)

These Regulations, which apply to England only, make certain minor amendments to the Access to the Countryside (Provisional and Conclusive Maps) (England) Regulations 2002 (S.I.2002/1710) (“the principal Regulations”) to correct minor defects and omissions in those Regulations, and, in particular—

(a) provide that where the functions of a body to which the Countryside Agency are required to send a reduced scale provisional or conclusive map relate to only part of the land covered by such a map, the Agency may send a reduced scale map relating to only that part to that body (regulation 2(b)); and

(b) require the Secretary of State to send a copy of a document containing any further information which she or an inspector has required to be supplied to her under regulation 24 of the principal Regulations to the persons referred to in that regulation as soon as practicable after she has received it (regulation 2(d)).

No Regulatory Impact Assessment has been prepared in respect of these Regulations.

(1)

See, in section 45(1), the definition of “prescribed”

(2)

2000 c. 37.

(3)

Regulations made by the Secretary of State may be made only as respect England: see section 45(1) for the meaning of “regulations”.

(4)

S.I. 2002/1710.