Statutory Instruments
2023 No. 1255
Countryside, England
The Access to the Countryside (Coastal Margin) (Gretna to Allonby) (No. 1) Order 2023
Made
22nd November 2023
Coming into force
23rd November 2023
The Secretary of State makes this Order in exercise of the powers conferred by section 3A(10) of the Countryside and Rights of Way Act 2000( 1 ).
Citation, commencement and interpretation
1. —(1) This Order may be cited as the Access to the Countryside (Coastal Margin) (Gretna to Allonby) (No. 1) Order 2023 and comes into force on the day after the day on which it is made.
(2) In this Order—
(a) “ the Act ” means the National Parks and Access to the Countryside Act 1949 ( 2 );
(b) “ the relevant approval ” means the approval on 1st October 2021 by the Secretary of State( 3 ) under section 52(1) of the Act( 4 ) of—
(i) the proposal for the coastal path from the Scottish Border at Gretna to north of Kirkandrews-on-Eden contained within the relevant report;
(ii) the proposal for the coastal path from Rumbling Bridge to Allonby contained within the relevant report.
(c) “ the relevant report ” means the report submitted by Natural England to the Secretary of State under sections 51 and 55A of the Act( 5 ) on 25th July 2016( 6 ) entitled Gretna to Allonby.
End of access preparation period
2. In relation to land which is coastal margin as a result of the relevant approvals, the day appointed as the day on which the access preparation period( 7 ) ends is 23rd November 2023.
Rebecca Pow
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
22nd November 2023
2000 c. 37 ; section 3A was inserted by the Marine and Coastal Access Act 2009 (c. 23) , section 303(5).
1949 c. 97 .
The functions of the Secretary of State under sections 51 and 52 of the National Parks and Access to the Countryside Act 1949 (c. 97) were originally vested in the Minister of Town and Country Planning in relation to England and Wales (see section 114(1) of that Act). The Minister of Town and Country Planning was renamed the Minister of Local Government and Planning by S.I. 1951/142 , and was further renamed the Minister of Housing and Local Government by S.I. 1951/1900 . S.I. 1965/143 transferred (so far as relevant) the functions of the Minister of Housing and Local Government to the Minister of Land and Natural Resources. The Ministry of Land and Natural Resources was dissolved by S.I. 1967/156 and the functions of that Minister (so far as relevant) were transferred to the Minister of Housing and Local Government. The Ministry of Housing and Local Government was dissolved and the functions of that Minister were transferred to the Secretary of State by S.I. 1970/1681 .
Section 52(1) was amended by the Natural Environment and Rural Communities Act 2006 (c. 16) , Schedule 11, Part 1, paragraph 10(f).
Section 51 was amended by: the Countryside Act 1968 (c. 41) , section 21(2); the Local Government Act 1972 (c. 70) , Schedule 30; the Environmental Protection Act 1990 (c. 43) , Schedule 8, paragraph 1(7); the Environment Act 1995 (c. 25) , Schedule 10, paragraph 2(5); the Countryside and Rights of Way Act 2000, Schedule 5, Part 2, paragraph 12 and Schedule 7 paragraph 1; and by the Natural Environment and Rural Communities Act 2006, Schedule 11, Part 1, paragraph 10(e). Section 55A was inserted by the Marine and Coastal Access Act 2009, section 302(1).
The relevant report is available at www.gov.uk or may be obtained by writing to the Coastal Access Delivery Team, Natural England, Mail Hub, County Hall, Spetchley Road, Worcester, WR5 2NP.
The term “access preparation period” is defined in section 3A(10) of the Countryside and Rights of Way Act 2000.