The Countryside and Rights of Way Act 2000 (Commencement No. 3) Order 2003

Appointed day E+W

2.  12th February 2003 is the day appointed for the coming into force of the following provisions of the Act—

(a) section 57 of the Act (amendments to the 1980 Act and other Acts) in so far as it gives effect to the provisions of Schedule 6 to the Act referred to in sub-paragraphs (b) to (s) below;

(b) paragraphs 1, 6, and 9(5) (rights of way improvement plans);

(c) paragraph 2 (duty to have regard to agriculture, forestry and nature conservation);

(d) paragraph 5 (highways maintainable at public expense), except to the extent that the amendment made relates to a highway created in consequence of an SSSI diversion order(1);

(e) paragraph 8, to the extent that it inserts section 118B into the 1980 Act (stopping-up of certain highways for crime prevention etc.);

(f) paragraph 9(1) to (3) (diversion of footpaths and bridleways);

(g) paragraph 11 (diversion of footpaths and bridleways crossing railways);

(h) paragraph 12, to the extent that it inserts section 119B into the 1980 Act (diversion of certain highways for purposes of crime prevention etc.);

(i) paragraph 13(1) to (5) and (7) to (9) (exercise of powers of making public path extinguishment and diversion orders), except to the extent that the amendments made relate to an SSSI diversion order or any order or confirmation of an order on appeal under section 121D(1) of the 1980 Act (as inserted by paragraph 15 of Schedule 6 to the Act);

(j) paragraph 14 (supplementary provisions), except to the extent that the amendments made relate to an SSSI diversion order or any order made on an application or on an appeal under section 121D(1)(a) of the 1980 Act (as inserted by paragraph 15 of Schedule 6 to the Act);

(k) in paragraph 17 (powers of entry)—

(i) sub-paragraph (a); and

(ii) sub-paragraph (b), except to the extent that the amendment made relates to an SSSI diversion order;

(l) in paragraph 18 (regulations, schemes and orders)—

(i) sub-paragraph (a) in so far as the amendment made inserts a reference to sections 118B(4) and 119B(4) of the 1980 Act(2); and

(ii) sub-paragraph (b);

(m) paragraph 19 (revocation and variation of schemes and orders), except to the extent that the amendment made relates to an SSSI diversion order(3);

(n) paragraph 20 (interpretation);

(o) paragraph 21 (savings relating to telecommunications apparatus) except to the extent that the amendment made relates to an SSSI diversion order;

(p) paragraph 23(1) to (4), (5)(b), (7) (with the exception of paragraph 2A(1)(b) of Schedule 6 to the 1980 Act), (8) and (9) (provisions as to making, confirmation etc. of orders), except to the extent that the amendments made relate to an SSSI diversion order or a draft SSSI diversion order;

(q) paragraph 24 (delegation of functions of making determinations), except to the extent that the amendments made relate to an SSSI diversion order or any order made on an application or on an appeal under section 121D(1)(a) of the 1980 Act (as inserted by paragraph 15 of Schedule 6 to the Act);

(r) paragraph 25 (Norfolk and Suffolk Broads); and

(s) paragraph 26 (miscellaneous functions of National Park authorities).

(1)

See the definition of “SSSI diversion order” inserted in section 329(1) of the 1980 Act by Schedule 6, paragraph 20(f) of the Act.

(2)

The references in paragraph 18(a) of Schedule 6 to the Act to sections 118, 118A, 119 and 119A of the 1980 Act were brought into force on 30th January 2001 by article 2(1)(e) of S.I. 2001/114 (C. 4).

(3)

The references in paragraph 19 of Schedule 6 to the Act to a rail crossing extinguishment order, a public path diversion order and a rail crossing diversion order were brought into force on 30th January 2001 by article 2(1)(f) of S.I. 2001/114 (C. 4).