The Countryside and Rights of Way Act 2000 (Commencement No. 8 and Transitional Provisions) (Wales) Order 2006

Welsh Statutory Instrument 2006 No. 1279 (W.124) (C.42)

The Countryside and Rights of Way Act 2000 (Commencement No. 8 and Transitional Provisions) (Wales) Order 2006

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STATUTORY INSTRUMENTS

2006 No. 1279 (W.124) (C.42)

RIGHTS OF WAY, WALES

The Countryside and Rights of Way Act 2000 (Commencement No. 8 and Transitional Provisions) (Wales) Order 2006

Made

10 May 2006

Title, application and interpretation

—(1) The title of this Order is the Countryside and Rights of Way Act 2000 (Commencement No. 8 and Transitional Provisions) (Wales) Order 2006.

(2) This Order applies in relation to Wales.

(3) In this Order–

"the 1980 Act" ("Deddf 1980") means the Highways Act 1980[

Appointed day
2. 11 May 2006 is the day appointed for the coming into force of the following provisions of the 2000 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 (amendments relating to definitive maps and statements and restricted byways) insofar as it gives effect to the provisions in Schedule 5 referred to in sub-paragraphs (f) and (g) below;

(f) in Part I–

(g) Part II;

(h) Section 102 insofar as it relates to the provisions in Schedule 16 (repeals relating to public rights of way and road traffic) referred to in sub-paragraphs (i) to (k) below;

(i) Part II insofar as it repeals section 54 of the 1981 Act;

(j) Part II insofar as it repeals section 56(5) of the 1981 Act;

(k) Part II insofar as it repeals part of section 57(1) of the 1981 Act;

(l) section 57 (creation, stopping up and diversion of highways) insofar as it gives effect to the provision referred to in sub-paragraph (n) below;

(m) section 69(2) (amendment of section 147(5) of the 1980 Act relating to the interpretation of references to agricultural land and to land being brought into use for agriculture for the purposes of section 147 of the 1980 Act);

(n) sub-paragraph (8) of paragraph 23 of Schedule 6 to the extent that that sub-paragraph is not already in force.

Transitional provisions
3. —(1) Nothing in section 47 or 48 of the 2000 Act affects the operation of section 53 or 54 of, or Schedule 14 or 15 to, the 1981 Act in relation to a relevant order, or an application for a relevant order, made before 11 May 2006.

(2) In paragraph (1) "relevant order" has the meaning given in section 48(10) of the 2000 Act.

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998[4]

D. Elis-Thomas
The Presiding Officer of the National Assembly

10 May 2006

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into force certain provisions of Part II of the Countryside and Rights of Way Act 2000 ("the 2000 Act") on 11 May 2006 in relation to Wales.

Sections 47 to 50 of the 2000 Act confer upon the public restricted byway rights in respect of ‘roads used as public paths' ("RUPPs") which are instead to be known as restricted byways. Restricted byway rights comprise a right of way on foot, a right of way on horseback or leading a horse, and a right of way for vehicles other than mechanically propelled vehicles. The conferral of restricted byway rights does not preclude the existence of a right of way for mechanically propelled vehicles or any other right (article 2).

Under sections 53 and 54 of the Wildlife and Countryside Act 1981 (c.69) ("the 1981 Act") surveying authorities are required to make definitive map modification orders. Orders made under section 53 of the 1981 Act relate to an authority's duty under that section to keep the definitive map and statement under continuous review, and are made in consequence of the occurrence of certain events set out in that section. One such event concerns the discovery by an authority of evidence which, when considered with all other relevant evidence available, shows that the description employed in a definitive map and statement to describe a particular highway ought to be changed. Orders made under section 54 of the 1981 Act relate to an authority's duty under that section to reclassify RUPPs as bridleways, footpaths or byways open to all traffic.

Orders of the former class which relate to RUPPs and orders of the latter class together comprise "relevant orders"for the purposes of section 48(9) of the 2000 Act and in accordance with the requirements of that section nothing in section 47 or 48 of the 2000 Act affects the operation of section 53 or 54 of, or Schedule 14 or 15 to, the 1981 Act in relation to such orders where such orders were made, or applied for, before 11 May 2006 (article 5).

Section 54 of the 1981 Act ceases to have effect and consequently surveying authorities are relieved of the duty to reclassify RUPPs imposed by that section (article 2).

Section 51 of, and Schedule 5 to, the 2000 Act make consequential and related amendments to primary legislation (article 2).

The commencement of section 57 for the purposes of giving effect to paragraph 23(8) of Schedule 6 to the 2000 Act confers the power upon inspectors to make an award of costs in relation to hearings held under paragraph 2 of Schedule 6 to the Highways Act 1980 (c.66) (provisions as to making, confirmation, validity and date of operation of certain orders relating to footpaths and bridleways), and applies section 322A of the Town and Country Planning Act 1990 (c.8) (orders as to costs where no hearing or inquiry takes place) in relation to hearings or local inquiries held under that paragraph. This provision insofar as it relates to orders for the stopping up or diversion of certain highways which cross land occupied for the purposes of a school, was brought into force by article 3 of the Countryside and Rights of Way Act 2000 (Commencement No. 7) (Wales) Order 2005 (S.I. 2005/1314 (W. 96) (C.58)) (article 2).

The commencement of section 69(2) of the 2000 Act extends the definition of "agricultural land" contained in section 147 of the 1980 Act for the purposes of the competent authority's power under that section to authorise the erection of stiles, gates, or other works in respect of such land and to land being brought into use for agriculture (article 2).

Section 102 of, and Schedule 16 to, the 2000 Act effect the consequential repeal of certain provisions of the 1981 Act.

The definitive map and statement for any area is the legal record of public rights of way prepared and kept under review by the surveying authority for that area (the county council or county borough council whose area includes that area). The definitive map and statement may be viewed at council offices during all reasonable hours.

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)

The following provisions of the Countryside and Right of Way Act 2000 have been brought into force in Wales by commencement orders made before the date of this Order–

Section(s) or Schedule(s)	Date of Commencement	S.I. number
2	28 May 2005	2005/423 (W.41) (C.19)
12 to 14	28 May 2005	2005/423 (W.41) (C.19)
18, 20 and 46(1)(a)	21 June 2004	2004/1489 (W.154) (C.59)
46(1)(b)	1 May 2001	2001/1410 (W.96) (C.50)
46(3) (in part)	1 May 2001	2001/1410 (W.96) (C.50)
46(3) (in part)	28 May 2005	2005/423 (W.41) (C.19)
51 (in part)	31 May 2005	2005/1314 (W.96) (C.58)
51 (in part)	21 November 2005	2005/1314 (W.96) (C.58)
57 (in part)	1 May 2001	2001/1410 (W.96) (C.50)
57 (in part)	31 May 2005	2005/1314 (W.96) (C.58)
57 (in part)	15 July 2005	2005/1314 (W.96) (C.58)
57 (in part)	21 November 2005	2005/1314 (W.96) (C.58)
60 and 61	1 November 2002	2002/2615 (W.253) (C.82)
63	1 April 2004	2004/315 (W.33) (C.16)
68	1 May 2001	2001/1410 (W.96) (C.50)
70(1)	1 April 2004	2004/315 (W.33) (C.16)
70(2)	1 May 2001	2001/1410 (W.96) (C.50)
70(3)	1 April 2004	2004/315 (W.33) (C.16)
70(4)	1 May 2001	2001/1410 (W.96) (C.50)
72	1 May 2001	2001/1410 (W.96) (C.50)
Part IV (sections 82 to 93) (and, accordingly Schedules 13 to 15)	1 May 2001	2001/1410 (W.96) (C.50)
96	1 May 2001	2001/1410 (W.96) (C.50)
99	30 January 2001	2001/203 (W.9) (C.10)
102 (in part)	1 May 2001	2001/1410 (W.96) (C.50)
102 (in part)	28 May 2005	2005/423 (W.41) (C.19)
Schedule 2	28 May 2005	2005/423 (W.41) (C.19)
Schedule 4, paragraphs 1, 4, 5 and 6	1 May 2001	2001/1410 (W.96) (C.50)
Schedule 4, paragraphs 2 and 3	28 May 2005	2005/423 (W.41) (C.19)
Schedule 5, paragraph 2	21 November 2005	2005/1314 (W.96) (C.58)
Schedule 5, paragraphs 8, 10 and 11	31 May 2005	2005/1314 (W.96) (C.58)
Schedule 6, paragraphs 1, 6 and 9(5)	1 April 2004	2004/315 (W.33) (C.16)
Schedule 6, paragraphs 2, 3, 9(1) to (3), 11, 14(1) and (4)(a), 20(a) to (c) and 24	31 May 2005	2005/1314 (W.96) (C.58)
Schedule 6, paragraph 5 (in part), paragraph 8 (remainder), paragraph 12 (in part), paragraphs 13(1) to (4) (in part), (5)(a) to (d) (in part) and (7) to (9) (in part), paragraph 14 (in part), paragraph 17 (in part), paragraph 18(a) (in part) and (b), paragraph 19 (in part), paragraph 20 (d) and (e), paragraph 21 (in part), paragraphs 23(1) (in part), (2)(a) and (b) (in part), (3)(a) and (b) (in part), (4)(a) and (b) (in part), (7) (in part), (5)(in part), (8) (in part), (9)(a) and (9)(b) (in part)	15 July 2005	2005/1314 (W.96) (C.58)
Schedule 6, paragraph 4, paragraph 15 (in part)	21 November 2005	2005/1314 (W.96) (C.58)
Schedule 6, paragraphs 18(a) (in part) and 19 (in part)	1 May 2001	2001/1410 (W.96) (C.50)
Schedule 16, Part I (in part)	1 May 2001	2001/1410 (W.96) (C.50)
Schedule 16, Part I (in part)	21 June 2004	2004/1489 (W.154) (C.59)
Schedule 16, Part I (remainder)	28 May 2005	2005/423 (W.41) (C.19)
Schedule 16, Part II (in part)	1 May 2001	2001/1410 (W.96) (C.50)
Schedule 16, Parts III to VI	1 May 2001	2001/1410 (W.96) (C.50)