Explanatory Note

(This note is not part of the Order)

This Order brings into force on 12th February 2003, in relation to England, section 57 of, and Schedule 6 to, the Countryside and Rights of Way Act 2000 (“the Act”) to the extent that those provisions insert the following sections into the Highways Act 1980 (“the 1980 Act”)—

(a)section 118B which provides for the stopping-up of certain highways for the purposes of crime prevention or the protection of pupils or staff of schools (article 2(e)); and

(b)section 119B which provides for the diversion of certain highways for similar purposes (article 2(h)).

This Order also brings into force—

(a)the consequential amendments in Schedule 6 to the Act relating to the above sections;

(b)consequential provisions relating to rights of way improvement plans (article 2(b)); (the duty to prepare rights of way improvement plans in sections 60 to 62 of the Act was commenced on 21st November 2002 by S.I. 2002/2833 (C. 89));

(c)paragraph 2 of Schedule 6 to the Act, replacing section 29 of the 1980 Act imposing a duty on councils, in the exercise of their functions under Part III of the 1980 Act, to have due regard to agriculture, forestry and nature conservation (article 2(c)); and

(d)minor amendments to the 1980 Act.