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Welsh Statutory Instrument 2006 No. 3257 (W.297) (C.117)

The Countryside and Rights of Way Act 2000 (Commencement No.9 and Saving) (Wales) Order 2006

(The document as of February, 2008. Arhiv.Online Library)

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STATUTORY INSTRUMENTS


2006 No. 3257 (W.297) (C.117)


COUNTRYSIDE, WALES


RIGHTS OF WAY, WALES

The Countryside and Rights of Way Act 2000 (Commencement No.9 and Saving) (Wales) Order 2006

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 Made5 December 2006 

The National Assembly for Wales, in exercise of the powers conferred upon it by section 103(3), (4) and (5) of the Countryside and Rights of Way Act 2000 ("the Act")[1], makes the following Order:

Title and application
    1.—(1) The title of this Order is the Countryside and Rights of Way Act 2000 (Commencement No.9 and Saving) (Wales) Order 2006.

    (2) This Order applies in relation to Wales.

Appointed days
    2.6 December 2006 is the day appointed for the coming into force of—

    (a) section 57 of the Act insofar as it gives effect to—

      (i) paragraphs 1, 6 and 9(5) of Schedule 6 to the Act (provisions relating to rights of way improvement plans prepared under sections 60 and 61 of the Act) to the extent that they are not already in force in consequence of the Countryside and Rights of Way Act 2000 (Commencement No.4) (Wales) Order 2004[2], and

      (ii) paragraph 26 of Schedule 6 to the Act (miscellaneous functions of National Park authorities);

    (b) section 69(1) and (3) of the Act (erection or improvement of stiles, etc.) insofar as it provides the power to issue guidance;

    (c) section 102 of the Act (repeals) insofar as it gives effect to the entry relating to—

      (i) section 193(2) of the Law of Property Act 1925 ("the 1925 Act")[3] in Part I of Schedule 16 to the Act to the extent that it is not already in force in consequence of the Countryside and Rights of Way Act 2000 (Commencement No.5) (Wales) Order 2004[4], and

      (ii) paragraph 9 of Schedule 15 to the Wildlife and Countryside Act 1981[5] in Part II of Schedule 16 to the Act.

    3.Insofar as it is not already in force, section 69 of the Act (erection or improvement of stiles, etc.) comes into force on 1 April 2007.

Saving
    4.Notwithstanding the repeal of section 193(2) of the 1925 Act by article 2(c)(i) of this Order, any deed executed under that sub-section which is in force immediately before the coming into force of that article continues to have effect.



Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998[6]


D. Elis-Thomas
The Presiding Officer of the National Assembly

5 December 2006



EXPLANATORY NOTE

(This note is not part of the Order)


This Order brings into force further provisions of the Countryside and Rights of Way Act 2000 ("the Act") and clarifies the effect of previous commencements of other provisions.

This Order applies in relation to Wales.

Article 2 of this Order commences —

    (a) section 57 of the Act insofar as it gives effect to paragraphs 1, 6 and 9(5) of Schedule 6 to the Act. The Countryside and Rights of Way Act 2000 (Commencement No.4) (Wales) Order 2004 (S.I. 2004/315 (W.33) (C.16)) purported to bring into force paragraphs 1, 6 and 9(5) of Schedule 6 to the Act without expressly making provision to bring into force section 57 of the Act insofar as it gives effect to those paragraphs. Article 2(a)(i) of this Order brings into force the appropriate provisions insofar as they are not already in force in consequence of the earlier Order;

    (b) section 57 of the Act insofar as it gives effect to paragraph 26 of Schedule 6 to the Act. This will extend the rights of way functions exercisable by National Park authorities to include the new rights of way functions referred to in that paragraph (article 2(a)(ii));

    (c) the guidance-issuing powers under section 69(1) and (3) of the Act before the remainder of that section to enable the guidance to be prepared in time to be issued by the National Assembly for Wales ("the National Assembly") at the same time as the related provisions are brought into force (article 2(b));

    (d) section 102 of the Act insofar as it gives effect to the entry relating to section 193(2) of the Law of Property Act 1925 ("the 1925 Act") contained in Part I of Schedule 16 to the Act. The Countryside and Rights of Way Act 2000 (Commencement No.5) (Wales) Order 2004 (S.I. 2004/1489 (W.154) (C.59)) ("the No.5 Order") purported to bring into force the entry relating to section 193(2) of the Law of Property Act 1925 ("the 1925 Act") contained in Part I of Schedule 16 to the Act without expressly making provision to bring into force section 102 of the Act insofar as it gives effect to that entry. Article 2(c)(i) of this Order brings into force the appropriate provisions insofar as they are not already in force in consequence of the earlier Order; and

    (e) section 102 of the Act insofar as it gives effect to the repeal of paragraph 9 of Schedule 15 to the Wildlife and Countryside Act 1981 contained in Part II of Schedule 16 to the Act. The repealed paragraph ceased to have practical effect on the commencement of paragraph 11(8) of Schedule 5 to the Act by article 2(a)(iii) of S.I. 2005/1314 (W.96) (C.58). The commencement of this repeal removes the provision from the statue book (article 2(c)(ii)).

Article 3 of this Order commences section 69 of the Act insofar as it is not already in force and insofar as it is not commenced by article 2 of this Order. Section 69 of the Act amends section 147 of the Highways Act 1980, which will require a local authority to have regard to the needs of people with mobility problems when it authorises the erection of new stiles, gates or other similar works on footpaths or bridleways. It will also require an authority to have regard to any guidance issued by the National Assembly.

The No.5 Order included a saving provision for any deed executed before the coming into force of the repeal of section 193(2) of the 1925 Act by that Order. For the avoidance of doubt as to the effect of the saving, article 4 of this Order repeats that saving.

Article 3 of this Order will come into force on 1 April 2007. The remainder of this Order will come into force on 6 December 2006.

Section(s) or Schedule(s)Date of CommencementS.I. number
2 and 12 to 1428 May 20052005/423 `(W.41) (C.19)
18, 20 and 46(1)(a)21 June 20042004/1489 (W.154) (C.59)
46(1)(b)1 May 20012001/1410 (W.96) (C.50)
46(3) (in part)1 May 20012001/1410 (W.96) (C.50)
46(3) (in part)28 May 20052005/423 (W.41) (C.19)
47 to 5011 May 20062006/1279 (W.124) (C.42)
51 (in part)31 May 20052005/1314 (W.96) (C.58)
51 (in part)21 November 20052005/1314 (W.96) (C.58)
51 (in part)11 May 20062006/1279 (W.124) (C.42)
57 (in part)1 May 20012001/1410 (W.96) (C.50)
57 (in part)31 May 20052005/1314 (W.96) (C.58)
57 (in part)15 July 20052005/1314 (W.96) (C.58)
57 (in part)21 November 20052005/1314 (W.96) (C.58)
57 (in part)11 May 20062006/1279 (W.124) (C.42)
60 and 611 November 20022002/2615 (W.253) (C.82)
631 April 20042004/315 (W.33) (C.16)
681 May 20012001/1410 (W.96) (C.50)
69(2)11 May 20062006/1279 (W.124) (C.42)
70(1)1 April 20042004/315 (W.33) (C.16)
70(2)1 May 20012001/1410 (W.96) (C.50)
70(3)1 April 20042004/315 (W.33) (C.16)
70(4), 72 and 82 to 931 May 20012001/1410 (W.96) (C.50)
961 May 20012001/1410 (W.96) (C.50)
9930 January 20012001/203 (W.9) (C.10)
102 (in part)1 May 20012001/1410 (W.96) (C.50)
102 (in part)28 May 20052005/423 (W.41) (C.19)
102 (in part)11 May 20062006/1279 (W.124) (W.42)
Schedule 228 May 20052005/423 (W.41) (C.19)
Schedule 4, paragraph 11 May 20012001/1410 (W.96) (C.50)
Schedule 4, paragraphs 2 and 328 May 20052005/423 (W.41) (C.19)
Schedule 4, paragraphs 4 to 61 May 20012001/1410 (W.96) (C.50)
Schedule 5, paragraph 111 May 20062006/1279 (W.124) (C.42)
Schedule 5, paragraph 221 November 20052005/1314 (W.96) (C.58)
Schedule 5, paragraphs 5 and 611 May 20062006/1279 (W.124) (C.42)
Schedule 5, paragraph 831 May 20052005/1314 (W.96) (C.58)
Schedule 5, paragraph 911 May 20062006/1279 (W.124) (C.42)
Schedule 5, paragraphs 10 and 1131 May 20052005/1314 (W.96) (C.58)
Schedule 5, paragraphs 12 to 1711 May 20062006/1279 (W.124) (C.42)
Schedule 6, paragraph 11 April 20042004/315 (W.33) (C.16)
Schedule 6, paragraphs 2 and 331 May 20052005/1314 (W.96) (C.58)
Schedule 6, paragraph 421 November 20052005/1314 (W.96) (C.58)
Schedule 6, paragraph 5 (in part)15 July 20052005/1314 (W.96) (C.58)
Schedule 6, paragraph 61 April 20042004/315 (W.33) (C.16)
Schedule 6, paragraph 8 (in part)15 July 20052005/1314 (W.96) (C.58)
Schedule 6, paragraph 9(1) to (3)31 May 20052005/1314 (W.96) (C.58)
Schedule 6, paragraph 9(5)1 April 20042004/315 (W.33) (C.16)
Schedule 6, paragraph 1131 May 20052005/1314 (W.96) (C.58)
Schedule 6, paragraphs 12, 13(1) to (4), (5)(a) to (d) and (7) to (9) and 14 (all in part)15 July 20052005/1314 (W.96) (C.58)
Schedule 6, paragraph 14(1) and (4)(a)31 May 20052005/1314 (W.96) (C.58)
Schedule 6, paragraph 15 (in part)21 November 20052005/1314 (W.96) (C.58)
Schedule 6, paragraph 17 (in part)15 July 20052005/1314 (W.96) (C.58)
Schedule 6, paragraph 18(a) (in part)1 May 20012001/1410 (W.96) (C.50)
Schedule 6, paragraph 18(a) and (b) (both in part)15 July 20052005/1314 (W.96) (C.58)
Schedule 6, paragraph 19 (in part)1 May 20012001/1410 (W.96) (C.50)
Schedule 6, paragraph 19 (in part)15 July 20052005/1314 (W.96) (C.58)
Schedule 6, paragraph 20(a) to (c)31 May 20052005/1314 (W.96) (C.58)
Schedule 6, paragraphs 20(d) and (e), 21, 23(1), (2)(a) and (b), (3)(a) and (b), (4)(a) and (b), (5), (7) and (8) (all in part)15 July 20052005/1314 (W.96) (C.58)
Schedule 6, paragraph 23(8) (remainder)11 May 20062006/1279 (W.124) (C.42)
Schedule 6, paragraph 23(9)(a) and (b) (in part)15 July 20052005/1314 (W.96) (C.58)
Schedule 6, paragraph 2431 May 20052005/1314 (W.96) (C.58)
Schedules 13 to 151 May 20012001/1410 (W.96) (C.50)
Schedule 16, Part I (in part)1 May 20012001/1410 (W.96) (C.50)
Schedule 16, Part I (in part)21 June 20042004/1489 (W.154) (C.59)
Schedule 16, Part I (remainder)28 May 20052005/423 (W.41) (C.19)
Schedule 16, Part II (in part)1 May 20012001/1410 (W.96) (C.50)
Schedule 16, Part II (in part)11 May 20062006/1279 (W.124) (C.42)
Schedule 16, Parts V and VI1 May 20012001/1410 (W.96) (C.50)

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)

    The Countryside and Rights of Way Act 2000 (Commencement No.11 and Savings) Order 2006 (S.I. 2006/1172) (C.39)


Notes:

[1]2000 c.37.back

[2]S.I. 2004/315 (W.33) (C.16).back

[3]1925 c.20.back

[4]S.I. 2004/1489 (W.154) (C.59).back

[5]1981 c.69.back

[6]1998 c.38.back



Cymraeg (Welsh)



ISBN0 11 091466 X


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