Levelling-up and Regeneration Act 2023

236 Open access mapping E+W

(1) The Countryside and Rights of Way Act 2000 is amended as follows.

(2) After section 9 (maps in conclusive form) insert—

“9A Review of maps (England)

(1) This section applies where a map has been issued in conclusive form for the purposes of this Part in respect of any area in England.

(2) Natural England must before 1 January 2031, to the extent that they consider appropriate, carry out a review of whether—

(a) any land shown on that map as open country or registered common land is open country or registered common land at the time of the review, and

(b) any land in that area which is not so shown ought to be so shown.

(3) Regulations may require Natural England to carry out subsequent reviews, in respect of such matters and in respect of such circumstances as may be prescribed.”

(3) In section 10 (review of maps)—

(a) at the end of the heading insert “(Wales)”;

(b) in subsection (1), after “area” insert “in Wales”;

(c) in subsection (2), for paragraphs (a) and (b) substitute—

“(a) in the case of the first review, not more than ten years after the issue of the map in conclusive form, and

(b) in the case of subsequent reviews, not more than fifteen years after the previous review.”

(4) In section 11 (regulations relating to maps)—

(a) in subsection (2), after paragraph (j) insert—

“(ja) the procedure to be followed on a review under section 9A (including provision as to the period within which, and the manner in which, representations may be made to Natural England in relation to such a review),”;

(b) after subsection (3) insert—

“(3A) Regulations made by virtue of subsection (2)(ja) may make provision—

(a) for appeals in relation to a review, including by making provision applying, or corresponding to, any provision of, or made under, Schedule 1A to the National Parks and Access to the Countryside Act 1949 (coastal access reports) (with or without modifications);

(b) enabling Natural England to make a determination in preparing a map on a review that any boundary of an area of open country is to be treated as coinciding with a particular physical feature (whether the effect is to include other land as open country or to exclude part of an area of open country).”

Commencement Information

I1 S. 236 in force at 26.12.2023, see s. 255(9)(b)