Statutory Instruments
2004 No. 2173 (C. 93 )
COUNTRYSIDE, ENGLAND
The Countryside and Rights of Way Act 2000 (Commencement No. 5) Order 2004
Made
21st August 2004
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 2000( 1 ) (βthe Actβ), hereby makes the following Order:
Citation, interpretation and extent
1. β(1) This Order may be cited as the Countryside and Rights of Way Act 2000 (Commencement No.5) Order 2004.
(2) In this Order references to sections, Parts and Schedules are references to sections and Parts of, and Schedules to, the Act.
(3) This Order applies in relation to England only( 2 ).
Appointed days
2. β(1) 19th September 2004 is the day appointed for the coming into force of the following provisions of the Actβ
(a) section 2 (rights of public in relation to access land) in so far as it relates to any access landβ
(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 4th May 2004 and 2nd June 2004;
(b) section 12 (effect of right of access on rights and liabilities of owners);
(c) section 13 (occupiers' liability);
(d) section 14 (offence of displaying on access land notices deterring public use);
(e) section 18 (wardens);
(f) section 20 (codes of conduct and other information);
(g) section 46(3) (which introduces Schedule 4) in so far as it relates to the provisions in Schedule 4 referred to in sub-paragraph (i) below;
(h) Schedule 2 (restrictions to be observed by persons exercising right of access); and
(i) paragraphs 2 (amendment to the Forestry Act 1967( 3 )) and 3 (amendment to the Agriculture Act 1967( 4 )) of Schedule 4.
(2) The day appointed for the coming into force of section 2 in so far as it relates to any access landβ
(i) which is access land solely by virtue of section 1(1)(e); and
(ii) which lies within an area covered by one of the maps in conclusive form referred to in paragraph (1)(a)(ii) above,
is 19th September 2004 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.
Alun Michael
Minister of State,
Department for Environment, Food and Rural Affairs
21st August 2004
As to the exercise of the power to bring these provisions into force as regards Wales, see section 103(3) of the Countryside and Rights of Way Act 2000.