The Countryside Access (Provisional and Conclusive Maps) (Wales) Regulations 2002

Explanatory Note

(This note is not part of the Regulations)

Under section 11 of the Countryside and Rights of Way Act 2000 (“the Act”), the National Assembly for Wales (“the National Assembly”) may by regulations provide the procedures to be followed in the preparation of maps which will show land over which the public will have a right of access, comprising registered common land and open country to which the public right of access under section 2 of the Act will relate.

These Regulations make provision for the preparation and issue of maps in provisional and conclusive form (referred to in these Regulations as “provisional maps” and “conclusive maps”).

A provisional map is a map which was issued as a draft map in accordance with the Countryside Access (Draft Maps) (Wales) Regulations 2001 (S.I. 2001/4001) (W.329) (“the Draft Maps Regulations”), has been confirmed by the Countryside Council for Wales (“the Council”) with or without modifications and has been issued in provisional form pursuant to section 5(d) or (e) of the Act.

Regulation 3 sets out the procedures and requirements for the preparation of provisional maps by the Council under Part I of the Act, including provision as to the form and scale of provisional maps and the power for copies to be prepared and published on different scales, where appropriate.

Regulation 4 establishes the procedures for the issue and publication of a provisional map. When it issues a provisional map, the Council is required to notify the organisations listed in Schedule 1 to these Regulations, to send a notice to the public libraries listed in Schedule 2 to these Regulations and to publish notice of issue of the provisional map in the press.

Regulation 5 requires the Council to publicise the provisions of provisional maps generally.

Regulation 6 sets out the procedure by which a person seeking to bring an appeal against the showing of land as registered common land or open country on a provisional draft map must do so. Detailed procedures to be followed in the determination of an appeal, once brought, are contained in the Countryside Access (Appeals Procedures) (Wales) Regulations 2002 (S.I. 2002/1794) (W.169).

Regulations 7 to 9 set out the procedures and requirements for the preparation, issue and publication of conclusive maps by the Council.

Regulation 10 deals with the various requirements placed on the Council under the Regulations relating to the inspection of maps and other documents and the provision of copies.

Regulation 11 provides for the use of electronic communication methods for the purposes of the Regulations.

Regulation 12 makes a minor amendment to the Draft Maps Regulations relating to the bodies to be consulted by the Council in relation to draft maps.