2005 No. 2752 (C. 112)

COUNTRYSIDE, ENGLAND

The Countryside and Rights of Way Act 2000 (Commencement No. 10) Order 2005

Made

The Secretary of State, in exercise of the powers conferred upon her by section 103(3) and (4) of the Countryside and Rights of Way Act 20001, makes the following Order:

Citation, interpretation and extent1

1

This Order may be cited as the Countryside and Rights of Way Act 2000 (Commencement No.10) Order 2005.

2

In this Order references to sections, Parts and Schedules are references to sections and Parts of, and Schedules to, the Countryside and Rights of Way Act 2000.

3

This Order applies in relation to England only2.

Appointed days2

1

31st October 2005 is the day appointed for the coming into force of the following provisions—

a

section 2 (rights of public in relation to access land) in so far as it relates to any access land—

i

which is access land by virtue of section 1(1)(a) or (b); and

ii

which lies within an area covered by one of the maps in conclusive form issued by the Countryside Agency for the purposes of Part I on 1st July 2005 and 16th August 2005;

b

section 102 (which introduces Schedule 16) in so far as it relates to the provisions in Schedule 16 referred to in sub-paragraph (c) below;

c

Part I of Schedule 16 (repeals relating to access to the countryside) in so far as it relates to:

i

paragraph 35A of Schedule 17 to the Local Government Act 19723; and

ii

paragraph 13 of Schedule 6 to the Local Government (Wales) Act 19944.

2

The day appointed for the coming into force of section 2 in so far as it relates to any access land—

a

which is access land solely by virtue of section 1(1)(e); and

b

which lies within an area covered by one of the maps in conclusive form issued by the Countryside Agency for the purposes of Part I on 1st July 2005 and 16th August 2005,

is 31st October 2005 or the end of a period of six months beginning with the day on which the land is dedicated for the purposes of Part I under section 16 (dedication of land as access land), whichever is the later.

Jim KnightParliamentary Under Secretary of StateDepartment for Environment, Food and Rural Affairs

(This note is not part of the Order)

This Order brings into force certain provisions of the Countryside and Rights of Way Act 2000 in relation to England only.

Apart from minor consequential repeals, it brings into force on 31st October 2005 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 1st July 2005 and 16th August 2005 (such maps relate to the west area of England and the east area of England, respectively).

The Order also brings into force section 2 in so far as it relates to access land which is dedicated as access land under section 16 of the Countryside and Rights of Way Act 2000, which is not 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 issued on 1st July 2005 and 16th August 2005. The day appointed for section 2 in relation to such land is 31st October 2005 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, issued on 1st July 2005 and 16th August 2005, 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 3rd Floor, Bridgewater House, Whitworth Street, Manchester M1 6LT (telephone 0845 100 3298). 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 0845 100 3298.

(This note is not part of the Order)

The following provisions of the Countryside and Rights of Way Act 2000 have been brought into force in England by commencement order made before the date of this Order:

Provision

Date of Commencement

S.I.No.

Section 2 (partially)

19.9.2004

2004/2173

Section 2 (partially)

14.12.2004

2004/3088

Section 2 (partially)

28.5.2005

2005/827

Section 2 (partially)

28.8.2005

2005/1901

Sections 12, 13, 14, 18 and 20

19.9.2004

2004/2173

Section 46(1)(b)

1.4.2001

2001/114

Section 46(3) (partially)

1.4.2001

Section 46(3) (remainder)

19.9.2004

2004/2173

Section 51 (partially)

27.9.2005

2005/2459

Section 57 (partially)

30.1.2001

2001/114

Section 57 (partially)

12.2.2003

2003/272

Section 57 (partially)

27.9.2005

2005/2459

Sections 60 to 62

21.11.2002

2002/2833

Section 63

13.2.2004

2004/292

Section 68

1.4.2001

2001/114

Section 69(2)

27.9.2005

2005/2459

Section 70(1) and (3)

13.2.2004

2004/292

Section 70(2) and (4)

1.4.2001

2001/114

Section 72

30.1.2001

Part IV (and Schedules 13, 14, and 15)

1.4.2001

Section 96

1.4.2001

Section 97

1.4.2001

Section 100 (partially)

30.1.2001

Section 100(3)

1.4.2001

Section 102 (partially)

30.1.2001

Section 102 (partially)

1.4.2001

Schedule 2

19.9.2004

2004/2173

Schedule 4, paragraphs 1, 4, 5 and 6

1.4.2001

2001/114

Schedule 4, paragraphs 2 and 3

19.9.2004

2004/2173

Schedule 5, paragraphs 2 (partially) and 5

27.9.2005

2005/2459

Schedule 5, paragraphs 8, 10 and 11

13.2.2004

2004/292

Schedule 5, paragraphs 8, 10 and 11

27.9.2005

2005/2459

Schedule 6, paragraphs 1, 2, 5 (partially), 6, 8 (partially), 9 (partially), 11, 12 (partially), 13 (partially), 14 (partially), 17 (partially), 18 (partially), 19 (partially), 20, 21 (partially), 23 (partially), 24 (partially), 25 and 26

12.2.2003

2003/272

Schedule 6, paragraph 3

13.2.2004

2004/292

Schedule 6, paragraph 3

27.9.2005

2005/2459

Schedule 6, paragraph 18(a) (partially)

30.1.2001

2001/114

Schedule 6, paragraph 19 (partially)

30.1.2001

Schedule 16, Part I (partially)

1.4.2001

Schedule 16, Part II (partially)

30.1.2001

Schedule 16, Part II (partially)

1.4.2001

Schedule 16, Parts V and VI

1.4.2001

WALES

The following commencement orders have been made—