The Countryside and Rights of Way Act 2000 (Commencement No. 5) Order 2004

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 (“the Act”) in relation to England only.

Apart from minor and consequential amendments, it brings into force on 19th September 2004 the following provisions of the Act:

(1) 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 4th May 2004 and 2nd June 2004 (such maps relate to the south east area of England and the lower north west area of England, respectively),

(2) sections 12 and 13 which relate to the effect of the right of access on the rights and liabilities of owners and occupiers,

(3) section 14 which creates an offence of displaying on access land notices deterring public use,

(4) section 18 which enables wardens to be appointed as respects access land,

(5) section 20 which requires the Countryside Agency to issue a code of conduct and other information about access land, and

(6) Schedule 2 which contains general restrictions to be observed by persons exercising their right of access on access land.

The Order also brings into force section 2 of the Act in so far as it relates to access land which is dedicated as access land under section 16, which is not also 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 referred to in paragraph (1) above. The day appointed for section 2 in relation to such land is 19th September 2004 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, referred to in paragraph (1) above, 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 7th Floor, Bridgewater House, Whitworth Street, Manchester M1 6LT (telephone [phone]). 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 [phone].