Citation, interpretation and application

1.—(1) This Order may be cited as the Countryside and Rights of Way Act 2000 (Commencement No. 11 and Savings) Order 2006.

(2) In this Order—

“the Act” means the Countryside and Rights of Way Act 2000;

“the 1981 Act” means the Wildlife and Countryside Act 1981(2);

“the appointed day” means the day appointed under article 2;

“relevant order” has the meaning given in section 48(10) of the Act;

“surveying authority” has the meaning given in section 66(1) of the 1981 Act(3).

(3) This Order applies in relation to England only(4).

Appointed day

2.  2nd May 2006 is the day appointed for the coming into force of the following provisions of the 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 (which gives effect to Schedule 5) insofar as it relates to the provisions of Schedule 5 mentioned in paragraph (g) below;

(f)section 102 (which gives effect to Schedule 16) insofar as it relates to the entry in Part II of Schedule 16 referring to section 54 of the 1981 Act;

(g)in Schedule 5 (amendments relating to definitive maps and statements and restricted byways)—

(i)paragraph 1;

(ii)paragraphs 6 and 7;

(iii)paragraph 9; and

(iv)paragraphs 12 to 17.

Savings

3.—(1) Nothing in sections 47 or 48 of the Act shall affect the operation of section 53 or 54 of, or Schedule 14 or 15 to, the 1981 Act in relation to—

(a)a relevant order made before the appointed day; or

(b)an application made before the appointed day for a relevant order.

(2) In particular, where, before the appointed day, a surveying authority has made a relevant order under section 54 of the 1981 Act, but that order has not yet come into operation—

(a)the order shall continue to have effect on and after the appointed day, and

(b)the provisions of Schedule 15 to the 1981 Act(5) shall continue to have effect in relation to the order,

as if section 54 had not been repealed.

Explanatory Note

(This note is not part of the Order)

This Order brings into force on 2nd May 2006 in relation to England, the following provisions of the Countryside and Rights of Way Act 2000 relating to public rights of way: sections 47-51 and parts of Schedules 5 and 16.

This Order also contains savings in respect of certain orders relating to roads used as public paths made under sections 53 and 54 of the Wildlife and Countryside Act 1981, or applications made for such orders, before the coming into force of this Order.

Note as to Earlier Commencement Orders

(This note is not part of the Order)

The following provisions of the Countryside and Rights of Way Act 2000 have been brought into force in England by commencement order made before the date of this Order:

WALES

The following commencement orders have been made—

The Countryside and Rights of Way Act (Commencement No.1) (Wales) Order (S.I. 2001/203 (W.9) (C.10));

The Countryside and Rights of Way Act (Commencement No.2) (Wales) Order (S.I. 2001/1410 (W.96) (C.50));

The Countryside and Rights of Way Act ( Commencement No.3) (Wales) Order 2002 (S.I. 2002/2615 (W.253) (C.82));

The Countryside and Rights of Way Act (Commencement No.4) (Wales) Order 2004 (S.I. 2004/315 (W.33) (C.16));

The Countryside and Rights of Way Act (Commencement No.5) (Wales) Order 2004 (S.I. 2004/1489 (W.154) (C.59));

The Countryside and Rights of Way Act (Commencement No.6) (Wales) Order 2005 (S.I. 2005/423 (W.41) (C.19));

The Countryside and Rights of Way Act (Commencement No.7) (Wales) Order 2005 (S.I. 2005/1314 (W.96) (C.58)).