Statutory Instruments
2006 No. 1172 (C. 39)
RIGHTS OF WAY, ENGLAND
The Countryside and Rights of Way Act 2000 (Commencement No.11 and Savings) Order 2006
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 2000( 1 ), makes the following Order:
Citation, interpretation and application
1. —(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 1981( 2 );
“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 Act( 3 ).
(3) This Order applies in relation to England only( 4 ).
Appointed day
2. 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.
Savings
3. —(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 Act( 5 ) shall continue to have effect in relation to the order,
as if section 54 had not been repealed.
Jim Knight
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
Date 18th April 2006
2000 c. 37 . Section 103(5) is to be read together with section 48(9) of the Act.
The definition of “surveying authority” in section 66(1) of the 1981 Act was substituted by the Local Government Act 1985 (c. 51) , Schedule 3, paragraph 7, and amended by the Local Government (Wales) Act 1994 (c. 19) , Schedule 16, paragraph 65(8).
As to the exercise of the power to bring these provisions into force in Wales, see section 103(3) of the Act.
Schedule 15 to the 1981 Act has been amended by the Local Government Act 1985, Schedule 3, paragraph 7, the Local Government (Wales) Act 1994, Schedule 16, paragraph 65(11) and the Countryside and Rights of Way Act 2000, Schedule 5, paragraph 10.