The Countryside and Rights of Way Act 2000 (Commencement No. 2) Order 2002

Statutory Instruments

2002 No. 2833 (C. 89)

RIGHTS OF WAY, ENGLAND

The Countryside and Rights of Way Act 2000 (Commencement No. 2) Order 2002

Made

16th November 2002

The Secretary of State, in exercise of the powers conferred upon her by section 103(3) and (4) of the Countryside and Rights of Way Act 2000(1), hereby makes the following Order:

Citation and extent

1.—(1) This Order may be cited as the Countryside and Rights of Way Act 2000 (Commencement No. 2) Order 2002.

(2) This Order applies in relation to England only(2).

Appointed day

2.  21st November 2002 is the day appointed for the coming into force of sections 60 to 62 of the Countryside and Rights of Way Act 2000.

Alun Michael

Minister of State,

Department for Environment, Food and Rural Affairs

16th November 2002

Explanatory Note

(This note is not part of the Order)

This Order brings into force on 21st November 2002, in relation to England, sections 60 to 62 of the Countryside and Rights of Way Act 2000 (“the Act”).

Section 60 of the Act requires every local highway authority, other than an inner London authority, to prepare and publish a rights of way improvement plan within five years after the commencement of section 60 of the Act. The section also makes provision for review of the plan.

Section 61 of the Act contains supplemental provisions including provision requiring a local highway authority to consult before preparing or reviewing a rights of way improvement plan. This section also requires local highway authorities, in carrying out their functions under sections 60 and 61 of the Act, to have regard to guidance which may be given by the Secretary of State.

Section 62 provides that the council of an inner London borough or the Common Council of the City of London may, by resolution, adopt sections 60 and 61 of the Act.

Note as to Earlier Commencement Orders

(This note is not part of the Order)

The following provisions of the Act have been brought into force by commencement order made before the date of this Order.

ENGLAND

Provision	Date of commencement	S.I. No.
Section 46(1)(b)	1.4.2001	2001/114
Section 46(3) (partially)	1.4.2001
Section 57 (partially)	30.1.2001
Section 68	1.4.2001
Section 70(2) and (4)	1.4.2001
Section 72	30.1.2001
Part IV (and Schedules 13, 14 and 15)	1.4.2001
Section 96	1.4.2001
Section 97	1.4.2001
Section 100 (partially)	30.1.2001
Section 100(3)	1.4.2001
Section 102 (partially)	30.1.2001
Section 102 (partially)	1.4.2001
Paragraphs 1, 4, 5 and 6 of Schedule 4	1.4.2001
Paragraph 18(a) of Schedule 6 (partially)	30.1.2001
Paragraph 19 of Schedule 6 (partially)	30.1.2001
Part I of Schedule 16 (partially)	1.4.2001
Part II of Schedule 16 (partially)	1.4.2001
Part II of Schedule 16 (partially)	30.1.2001
Parts V and VI of Schedule 16	1.4.2001

WALES

1.  The provisions specified in the above table, except for section 97 (Norfolk and Suffolk Broads) and section 100 (Isles of Scilly), were brought into force on 1st May 2001 by the Countryside and Rights of Way Act 2000 (Commencement No. 2) (Wales) Order 2001 (S.I. 2001/1410 (W. 96) (C. 50)).

2.  The Countryside and Rights of Way Act 2000 (Commencement No. 1) (Wales) Order 2001 (S.I. 2001/203 (W. 9) (C. 10)) brought into force section 99 of the Act on 30th January 2001.

(1)

2000 c. 37.

(2)

As to the exercise of the power to bring these provisions into force as regards Wales, see section 103(3) of the Countryside and Rights of Way Act 2000.