2006 No. 1279 (W.124) (C.42)
The Countryside and Rights of Way Act 2000 (Commencement No. 8 and Transitional Provisions) (Wales) Order 2006
Made
The National Assembly for Wales (“the National Assembly”), in exercise of the powers conferred upon it by sections 103(3), (4) and (5) of the Countryside and Rights of Way Act 2000 (“the 2000 Act”)1, hereby makes the following Order:
Title, application and interpretation1
1
The title of this Order is the Countryside and Rights of Way Act 2000 (Commencement No. 8 and Transitional Provisions) (Wales) Order 2006.
2
This Order applies in relation to Wales.
Appointed day2
11 May 2006 is the day appointed for the coming into force of the following provisions of the 2000 Act–
a
section 47 (redesignation of roads used as public paths);
b
section 48 (restricted byway rights);
c
section 49 (provisions supplementary to sections 47 and 48);
d
section 50 (private rights over restricted byways);
e
section 51 (amendments relating to definitive maps and statements and restricted byways) insofar as it gives effect to the provisions in Schedule 5 referred to in sub-paragraphs (f) and (g) below;
f
in Part I–
i
paragraph 1 (duty to keep definitive map and statement under continuous review);
ii
paragraph 5 (no further surveys or reviews under the National Parks and Access to the Countryside Act 1949);
iii
paragraph 6 (effect of definitive map and statement);
iv
paragraph 9 (interpretation of Part III);
g
Part II;
h
Section 102 insofar as it relates to the provisions in Schedule 16 (repeals relating to public rights of way and road traffic) referred to in sub-paragraphs (i) to (k) below;
i
Part II insofar as it repeals section 54 of the 1981 Act;
j
Part II insofar as it repeals section 56(5) of the 1981 Act;
k
Part II insofar as it repeals part of section 57(1) of the 1981 Act;
l
section 57 (creation, stopping up and diversion of highways) insofar as it gives effect to the provision referred to in sub-paragraph (n) below;
m
section 69(2) (amendment of section 147(5) of the 1980 Act relating to the interpretation of references to agricultural land and to land being brought into use for agriculture for the purposes of section 147 of the 1980 Act);
n
sub-paragraph (8) of paragraph 23 of Schedule 6 to the extent that that sub-paragraph is not already in force.
Transitional provisions3
1
Nothing in section 47 or 48 of the 2000 Act affects the operation of section 53 or 54 of, or Schedule 14 or 15 to, the 1981 Act in relation to a relevant order, or an application for a relevant order, made before 11 May 2006.
2
In paragraph (1) “relevant order” has the meaning given in section 48(10) of the 2000 Act.
Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 19984
(This note is not part of the Order)
(This note is not part of the Order)
The following provisions of the Countryside and Right of Way Act 2000 have been brought into force in Wales by commencement orders made before the date of this Order–
Section(s) or Schedule(s) | Date of Commencement | S.I. number |
---|---|---|
2 | 28 May 2005 | |
12 to 14 | 28 May 2005 | |
18, 20 and 46(1)(a) | 21 June 2004 | |
46(1)(b) | 1 May 2001 | |
46(3) (in part) | 1 May 2001 | |
46(3) (in part) | 28 May 2005 | |
51 (in part) | 31 May 2005 | |
51 (in part) | 21 November 2005 | |
57 (in part) | 1 May 2001 | |
57 (in part) | 31 May 2005 | |
57 (in part) | 15 July 2005 | |
57 (in part) | 21 November 2005 | |
60 and 61 | 1 November 2002 | |
63 | 1 April 2004 | |
68 | 1 May 2001 | |
70(1) | 1 April 2004 | |
70(2) | 1 May 2001 | |
70(3) | 1 April 2004 | |
70(4) | 1 May 2001 | |
72 | 1 May 2001 | |
Part IV (sections 82 to 93) (and, accordingly Schedules 13 to 15) | 1 May 2001 | |
96 | 1 May 2001 | |
99 | 30 January 2001 | |
102 (in part) | 1 May 2001 | |
102 (in part) | 28 May 2005 | |
Schedule 2 | 28 May 2005 | |
Schedule 4, paragraphs 1, 4, 5 and 6 | 1 May 2001 | |
Schedule 4, paragraphs 2 and 3 | 28 May 2005 | |
Schedule 5, paragraph 2 | 21 November 2005 | |
Schedule 5, paragraphs 8, 10 and 11 | 31 May 2005 | |
Schedule 6, paragraphs 1, 6 and 9(5) | 1 April 2004 | |
Schedule 6, paragraphs 2, 3, 9(1) to (3), 11, 14(1) and (4)(a), 20(a) to (c) and 24 | 31 May 2005 | |
Schedule 6, paragraph 5 (in part), paragraph 8 (remainder), paragraph 12 (in part), paragraphs 13(1) to (4) (in part), (5)(a) to (d) (in part) and (7) to (9) (in part), paragraph 14 (in part), paragraph 17 (in part), paragraph 18(a) (in part) and (b), paragraph 19 (in part), paragraph 20 (d) and (e), paragraph 21 (in part), paragraphs 23(1) (in part), (2)(a) and (b) (in part), (3)(a) and (b) (in part), (4)(a) and (b) (in part), (7) (in part), (5)(in part), (8) (in part), (9)(a) and (9)(b) (in part) | 15 July 2005 | |
Schedule 6, paragraph 4, paragraph 15 (in part) | 21 November 2005 | |
Schedule 6, paragraphs 18(a) (in part) and 19 (in part) | 1 May 2001 | |
Schedule 16, Part I (in part) | 1 May 2001 | |
Schedule 16, Part I (in part) | 21 June 2004 | |
Schedule 16, Part I (remainder) | 28 May 2005 | |
Schedule 16, Part II (in part) | 1 May 2001 | |
Schedule 16, Parts III to VI | 1 May 2001 |
The following Commencement Orders have been made under the Countryside and Rights of Way Act 2000 in relation to England–
The Countryside and Rights of Way Act 2000 (Commencement No. 1) Order 2001 (S.I. 2001/114) (C.4)
The Countryside and Rights of Way Act 2000 (Commencement No. 2) Order 2002 (S.I. 2002/2833) (C.89)
The Countryside and Rights of Way Act 2000 (Commencement No. 3) Order 2003 (S.I. 2003/272) (C.16)
The Countryside and Rights of Way Act 2000 (Commencement No. 4) Order 2004 (S.I. 2004/292) (C.14)
The Countryside and Rights of Way Act 2000 (Commencement No. 5) Order 2004 (S.I. 2004/2173) (C.93)
The Countryside and Rights of Way Act 2000 (Commencement No. 6) Order 2004 (S.I. 2004/3088) (C.128)
The Countryside and Rights of Way Act 2000 (Commencement No. 7) Order 2005 (S.I. 2005/827) (C.34)
The Countryside and Rights of Way Act 2000 (Commencement No. 8) Order 2005 (S.I. 2005/1901) (C.81)
The Countryside and Rights of Way Act 2000 (Commencement No. 9) Order 2005 (S.I. 2005/2459) (C.104)
The Countryside and Rights of Way Act 2000 (Commencement No. 10) Order 2005 (S.I. 2005/2752) (C.112)