Countryside and Rights of Way Act 2000

1 Principal definitions for Part I.E+W
This section has no associated Explanatory Notes

(1)In this Part “access land” means any land which—

(a)is shown as open country on a map in conclusive form issued by the appropriate countryside body for the purposes of this Part,

(b)is shown on such a map as registered common land,

(c)is registered common land in any area outside Inner London for which no such map relating to registered common land has been issued,

(d)is situated more than 600 metres above sea level in any area for which no such map relating to open country has been issued, F1...

[F2(da)is coastal margin, or]

(e)is dedicated for the purposes of this Part under section 16,

but does not (in any of those cases) include excepted land or land which is treated by section 15(1) as being accessible to the public apart from this Act.

(2)In this Part—

  • “access authority”—

    (a)

    in relation to land in a National Park, means the National Park authority, and

    (b)

    in relation to any other land, means the local highway authority in whose area the land is situated;

  • “the appropriate countryside body” means—

    (a)

    in relation to England, [F3Natural England ], and

    (b)

    in relation to Wales, [F4the Natural Resources Body for Wales] ;

  • [F5“coastal margin” means land which is of a description specified by an order under section 3A;]

  • “excepted land” means land which is for the time being of any of the descriptions specified in Part I of Schedule 1, those descriptions having effect subject to Part II of that Schedule;

  • “mountain” includes, subject to the following definition, any land situated more than 600 metres above sea level;

  • “mountain, moor, heath or down” does not include land which appears to the appropriate countryside body to consist of improved or semi-improved grassland;

  • “open country” means land which—

    (a)

    appears to the appropriate countryside body to consist wholly or predominantly of mountain, moor, heath or down, and

    (b)

    is not registered common land [F6 or coastal margin] [F7or land dedicated as coastal margin for the purposes of this Part under section 16].

(3)In this Part “registered common land” means—

(a)[F8land which is registered as common land under the M1Commons Registration Act 1965 (in this section referred to as “the 1965 Act”) [F9(but is not coastal margin)] [F10or land dedicated as coastal margin for the purposes of this Part under section 16] and whose registration under that Act has become final, or] [F8land which is registered as common land in a register of common land kept under Part 1 of the Commons Act 2006.]

(b)[F11subject to subsection (4), land which fell within paragraph (a) on the day on which this Act is passed or at any time after that day but has subsequently ceased to be registered as common land under the 1965 Act on the register of common land in which it was included being amended by reason of the land having ceased to be common land within the meaning of that Act.]

(4)[F12Subsection (3)(b) does not apply where—

(a)the amendment of the register of common land was made in pursuance of an application made before the day on which this Act is passed, or

(b)the land ceased to be common land by reason of the exercise of—

(i)any power of compulsory purchase, of appropriation or of sale which is conferred by an enactment,

(ii)any power so conferred under which land may be made common land within the meaning of the 1965 Act in substitution for other land.]

Textual Amendments

F1Word in s. 1(1)(d) repealed (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 303(2)(a), 324(2)(d), Sch. 22 Pt. 7 (with s. 308)

F2S. 1(1)(da) inserted (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 303(2)(a), 324(2)(d) (with s. 308)

F5Words in s. 1(2) inserted (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 303(2)(b), 324(2)(d) (with s. 308)

F6Words in s. 1(2) inserted (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 303(2)(c), 324(2)(d) (with s. 308)

F8Words in s. 1(3) substituted (31.10.2011 for E. in relation to the pilot areas, 12.11.2014 for E. for specified purposes, 15.12.2014 for E. for specified purposes) by Commons Act 2006 (c. 26), s. 56, Sch. 5 para. 7(2)(a) (with s. 60); S.I. 2011/2460, art. 2(b); S.I. 2014/3026, art. 3(1)(h) (with art. 5)

F9Words in s. 1(3) inserted (12.1.2010) by virtue of Marine and Coastal Access Act 2009 (c. 23), ss. 303(2)(d), 324(2)(d) (with s. 308)

F11S. 1(3)(b) repealed (31.10.2011 for E. in relation to the pilot areas, 12.11.2014 for E. for specified purposes, 15.12.2014 for E. for specified purposes) by Commons Act 2006 (c. 26), s. 56, Sch. 5 para. 7(2)(b), Sch. 6 Pt. 1 (with s. 60); S.I. 2011/2460, art. 2(b); S.I. 2014/3026, art. 3(1)(h) (with art. 5)

F12S. 1(4) repealed (31.10.2011 for E. in relation to the pilot areas, 12.11.2014 for E. for specified purposes, 15.12.2014 for E. for specified purposes) by Commons Act 2006 (c. 26), s. 56, Sch. 5 para. 7(3), Sch. 6 Pt. 1 (with s. 60); S.I. 2011/2460, art. 2(b); S.I. 2014/3026, art. 3(1)(h) (with art. 5)

Modifications etc. (not altering text)

Marginal Citations