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

Issue of provisional maps

4.—(1) The Council is to be taken to have discharged its duty under section 5(d) or (e) of the Act (as the case may be) to issue a provisional map when it first publishes a notice of issue of that provisional map in accordance with paragraph (2)(c) of this regulation.

(2) The Council must not publish a notice of issue of a provisional map until it has:

(a) made such arrangements as are within its power for a copy of that provisional map and, if the draft map on which it is based was confirmed with modifications, a copy of the draft map modification statement, in printed form and, where possible in electronic form, to be available for inspection by members of the public at all reasonable times (subject, in the case of inspection at offices other than its own, to such requirements for the making of appointments to do so as the relevant authority may require) throughout the appeal period at:

(i) the head office of the Council and the local office of the Council, not including any office which is not open during normal office hours, which is nearest to the area to which the provisional map relates; and

(ii) the head office of each relevant local authority and relevant National Park authority, if any;

(b) despatched a copy of that provisional map, together with any draft map modification statement which relates to it, either in printed form to a scale of not less than 1:25,000 or, if the Council and the recipient agree, in electronic form, together with a notice containing the same information as that required to be contained in the notice of issue of that provisional map, to each of the organisations specified in Schedule 1 to these Regulations and to such other persons as it considers appropriate;

(c) published the notice of issue of that provisional map in at least one daily newspaper circulating throughout that part of Wales which includes the area to which that map relates and such other newspapers or publications circulating in that part of Wales as the Council thinks fit;

(d) sent a copy of the notice of issue of that provisional map to each of the public libraries listed in Schedule 2, accompanied by a request that it be displayed to the public at that library;

(e) sent the National Assembly a copy of the notice of issue of that provisional map and notified the National Assembly when and in what newspaper it intends to publish that notice.

(3) A notice of issue of a provisional map must:

(a) identify the area to which the provisional map relates;

(b) state whether or not the draft map to which the provisional map relates was confirmed with modifications;

(c) state that the effect of the provisional map is, subject to any modifications made as a result of appeals relating to it, to show the areas of section 4(2) land over which the public will, subject to such exceptions and restrictions as the Act provides, be entitled to exercise a right of access under section 2 of the Act when that section comes into force;

(d) state that any person with an interest in any land shown on that map as registered common land or as open country may, no later than the end of a period specified in the notice, which must be a period expiring no earlier than three months after the date on which a notice of issue of that provisional map was first published in accordance with paragraph 2(c), appeal to the National Assembly against the showing of that land on the map as registered common land or open country, by sending or delivering an appeal form to the National Assembly so as to be received by the National Assembly within that period;

(e) give particulars of means by which a person who wishes to bring such an appeal may obtain an appeal form;

(f) state the address of the National Assembly to which an appeal form is to be sent or delivered;

(g) give particulars of the means by which members of the public may inspect the provisional map and, if the draft map to which the provisional map relates was confirmed with modifications, the draft map modifications statement;

(h) state that any person who has an interest in any land shown on that provisional map as section 4(2) land may, by a request in writing to the Council which identifies the nature of that interest and the land to which it relates, and which is received by the Council before the end of the appeal period, require the Council to provide that person, free of charge, with one copy of the provisional map or of an extract from the provisional map showing the land to which the request relates and, if that part of the draft map showing the land to which the request relates was confirmed with modifications, a copy of the draft map modifications statement or of that part which refers to the land to which the request relates, which copy or copies must be in printed form or, if the Council and that person agree, in electronic form;

(i) state the address to which any request under sub-paragraph (h) should be sent.

(4) Any notice published in accordance with paragraph (2)(c) or sent in accordance with paragraph (2)(d) may, in addition to such information as is required to be included under paragraph (3), include such further information as the Council thinks fit.