Part IV E+W Public Rights of Way

Long-Distance Routes E+W

[F1 55JInterpretation of sections 55A to 55J E+W

(1) In sections 55A to 55I, Schedule 1A and this section—

• “access authority” has the same meaning as in Part 1 of the CROW Act;

• “affected land” means—

  (a)

  land over which the route, or any alternative route, to which the proposals relate passes, and

  (b)

  any other land which—

  (i)

  is relevant coastal margin, or an alternative route strip in relation to such an alternative route, and

  (ii)

  is not excepted land;

• “alternative route” is to be construed in accordance with section 55C;

• “alternative route strip”, in relation to an alternative route, means—

  (a)

  in a case where the proposal for the alternative route has not yet been approved under section 52, the land which would become coastal margin during the operation of that route if the proposals in the report were to be so approved (without modifications), and

  (b)

  in the case of an official alternative route, the land which would become coastal margin during the operation of that route;

• “the coastal access duty” has the meaning given by section 55A;

• “coastal margin” has the same meaning as in Part 1 of the CROW Act;

• “the CROW Act” means the Countryside and Rights of Way Act 2000 (c. 37);

• “the English coastal route” means the route secured pursuant to the coastal access duty;

• “excepted land” has the same meaning as in Part 1 of the CROW Act;

• “local access forum” means a local access forum established under section 94 of the CROW Act;

• “official alternative route” means an alternative route which is contained in approved proposals relating to a long-distance route;

• “owner”, in relation to land, means the person who holds an estate in fee simple absolute in possession in the land;

• “relevant coastal margin”, in relation to proposals, means—

  (a)

  in a case where the proposals have not yet been approved under section 52, land which would become coastal margin if the proposals were to be approved (without modifications) under that section (disregarding the alternative route strip in relation to any alternative route), and

  (b)

  in a case where the proposals have been so approved (with or without modifications), land which becomes coastal margin as a result of the proposals having been so approved (disregarding the alternative route strip in relation to any official alternative route).

(2) For the purposes of sections 55A to 55I and Schedule 1A, a person has a relevant interest in land if the person—

(a) is the owner of the land,

(b) holds a term of years absolute in the land, or

(c) is in lawful occupation of the land.

(3) Any power conferred by sections 55A to 55I or Schedule 1A to make regulations includes—

(a) power to make different provision for different cases, and

(b) power to make incidental, consequential, supplemental or transitional provision or savings.]

Textual Amendments

F1 Ss. 55A-55J inserted (12.11.2009 for specified purposes, 12.1.2010 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), ss. 302(1), 324(1)(c), 324(1)(d), 324(2)(d) (with s. 308)