OpenLegislation

The Countryside and Rights of Way Act 2000 (Commencement No.11 and Savings) Order 2006

S.I. 2006/1172 · Made 18 April 2006 · Extends to England and Wales

Up to date with all changes known to legislation.gov.uk, revised to 18 April 2006.

RIGHTS OF WAY, ENGLAND

Made 18th April 2006

The Secretary of State, in exercise of the powers conferred upon her by section 103(3), (4) and (5) of the Countryside and Rights of Way Act 2000f1, makes the following Order:

Annotations to the whole text

Footnotes

f1

2000 c. 37. Section 103(5) is to be read together with section 48(9) of the Act.

Contents

  1. 1Citation, interpretation and application
  2. 2Appointed day
  3. 3Savings
  4. Signature
  5. Explanatory note

1Citation, interpretation and application

(1)

This Order may be cited as the Countryside and Rights of Way Act 2000 (Commencement No. 11 and Savings) Order 2006.

(2)

In this Order—

  • “the Act” means the Countryside and Rights of Way Act 2000;

  • “the 1981 Act” means the Wildlife and Countryside Act 1981f1;

  • “the appointed day” means the day appointed under article 2;

  • “relevant order” has the meaning given in section 48(10) of the Act;

  • “surveying authority” has the meaning given in section 66(1) of the 1981 Actf2.

(3)

This Order applies in relation to England onlyf3.

2Appointed day

2nd May 2006 is the day appointed for the coming into force of the following provisions of the Act—

(a)

section 47 (redesignation of roads used as public paths);

(b)

section 48 (restricted byway rights);

(c)

section 49 (provisions supplementary to sections 47 and 48);

(d)

section 50 (private rights over restricted byways);

(e)

section 51 (which gives effect to Schedule 5) insofar as it relates to the provisions of Schedule 5 mentioned in paragraph (g) below;

(f)

section 102 (which gives effect to Schedule 16) insofar as it relates to the entry in Part II of Schedule 16 referring to section 54 of the 1981 Act;

(g)

in Schedule 5 (amendments relating to definitive maps and statements and restricted byways)—

(i)

paragraph 1;

(ii)

paragraphs 6 and 7;

(iii)

paragraph 9; and

(iv)

paragraphs 12 to 17.

3Savings

(1)

Nothing in sections 47 or 48 of the Act shall affect the operation of section 53 or 54 of, or Schedule 14 or 15 to, the 1981 Act in relation to—

(a)

a relevant order made before the appointed day; or

(b)

an application made before the appointed day for a relevant order.

(2)

In particular, where, before the appointed day, a surveying authority has made a relevant order under section 54 of the 1981 Act, but that order has not yet come into operation—

(a)

the order shall continue to have effect on and after the appointed day, and

(b)

the provisions of Schedule 15 to the 1981 Actf1 shall continue to have effect in relation to the order,

as if section 54 had not been repealed.

Signature

Jim Knight

Parliamentary Under Secretary of State

Department for Environment, Food and Rural Affairs

Date 18th April 2006

Explanatory note

(This note is not part of the Order)

This Order brings into force on 2nd May 2006 in relation to England, the following provisions of the Countryside and Rights of Way Act 2000 relating to public rights of way: sections 47-51 and parts of Schedules 5 and 16.

This Order also contains savings in respect of certain orders relating to roads used as public paths made under sections 53 and 54 of the Wildlife and Countryside Act 1981, or applications made for such orders, before the coming into force of this Order.