Countryside and Rights of Way Act 2000

56 Cut-off date for extinguishment etc. E+W

(1) The cut-off date for the purposes of sections 53 and 55 is, subject to regulations under subsection (2), [F1 1st January 2026] [F1 1st January 2031].

(2) The Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales) may make regulations—

(a) substituting as the cut-off date for the purposes of those sections a date later than the date specified in subsection (1) or for the time being substituted under this paragraph;

(b) containing such transitional provisions or savings as appear to the Secretary of State or the National Assembly for Wales (as the case may be) to be necessary or expedient in connection with the operation of those sections, including in particular their operation in relation to any way as respects which—

(i) on the cut-off date an application for an order under section 53(2) of the 1981 Act is pending,

(ii) on that date an order under Part III of that Act has been made but not confirmed, or

(iii) after that date such an order or any provision of such an order is to any extent quashed.

(3) Regulations under subsection (2)(a)—

(a) may specify different dates for different areas; but

(b) may not specify a date later than 1st January 2031, except as respects an area within subsection (4).

(4) An area is within this subsection if it is in—

(a) the Isles of Scilly, or

(b) an area which, at any time before the repeal by section 73 of the 1981 Act of sections 27 to 34 of the National Parks and Access to the M1 Countryside Act 1949—

(i) was excluded from the operation of those sections by virtue of any provision of the 1949 Act, or

(ii) would have been so excluded but for a resolution having effect under section 35(2) of that Act.

(5) Where by virtue of regulations under subsection (2) there are different cut-off dates for areas into which different parts of any highway extend, the cut-off date in relation to that highway is the later or latest of those dates.

(6) Regulations under this section shall be made by statutory instrument, and a statutory instrument containing such regulations made by the Secretary of State shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Textual Amendments

F1 Words in s. 56(1) substituted (E.) (17.11.2023) by The Countryside and Rights of Way Act 2000 (Substitution of Cut-off Date Relating to Rights of Way) (England) Regulations 2023 (S.I. 2023/1126), regs. 1(b), 2

Commencement Information

I1 S. 56 in force at 25.10.2023 for E. by S.I. 2023/1121, art. 2

Marginal Citations

M1 1949 c. 97.