The Countryside and Rights of Way Act 2000 (Substitution of Cut-off Date Relating to Rights of Way) (England) Regulations 2023

Statutory Instruments

2023 No. 1126

Countryside, England

The Countryside and Rights of Way Act 2000 (Substitution of Cut-off Date Relating to Rights of Way) (England) Regulations 2023

Made

25th October 2023

Laid before Parliament

26th October 2023

Coming into force

17th November 2023

The Secretary of State makes these Regulations in exercise of the power conferred by section 56(2)(a) of the Countryside and Rights of Way Act 2000(1).

Citation, commencement and extent

1.  These Regulations—

(a) may be cited as the Countryside and Rights of Way Act 2000 (Substitution of Cut-off Date Relating to Rights of Way) (England) Regulations 2023;

(b) come into force on 17th November 2023;

(c) extend to England and Wales.

Modification of the cut-off date in section 56(1) of the Countryside and Rights of Way Act 2000

2.  Section 56(1) of the Countryside and Rights of Way Act 2000 has effect, as respects England, as if for “1st January 2026” there were substituted “1st January 2031”.

Trudy Harrison

Parliamentary Under Secretary of State

Department for Environment, Food and Rural Affairs

25th October 2023

EXPLANATORY NOTE

(This note is not part of the Regulations)

Section 56(1) of the Countryside and Rights of Way Act 2000 (c. 37) (“the Act”) specifies the cut-off date of 1st January 2026 for the purposes of sections 53 (extinguishment of unrecorded rights of way) and 55 (bridleway rights over ways shown as bridleways) of the Act.

Section 56(2)(a) of the Act empowers the Secretary of State, as respects England, and the National Assembly for Wales (now the Welsh Parliament), as respects Wales, to substitute by regulations that cut-off date for a later date not later than 1st January 2031 (except as respects an area within section 56(4)).

These Regulations provide for that later cut-off date, as respects England, to be 1st January 2031.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen.

(1)

2000 c. 37; section 56(1) is to be amended by section 22(2) of the Deregulation Act 2015 (c. 20) on a date to be appointed.