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STATUTORY INSTRUMENTS
2005 No. 2027
COUNTRYSIDE, ENGLAND
The Access to the Countryside (Correction of Provisional and Conclusive Maps) (England) (Amendment) Regulations 2005
| |
Made |
21st July 2005 | |
| |
Laid before Parliament |
25th July 2005 | |
| |
Coming into force |
22nd August 2005 | |
The Secretary of State for Environment, Food and Rural Affairs, in exercise of the powers conferred upon her by sections 11(1) and (2)(l), 44(2) and 45(1)[1] of the Countryside and Rights of Way Act 2000[2], hereby makes the following Regulations:
Citation and commencement
1.
These Regulations may be cited as the Access to the Countryside (Correction of Provisional and Conclusive Maps) (England) (Amendment) Regulations 2005 and shall come into force on 22nd August 2005.
Amendment
2.
The Access to the Countryside (Correction of Provisional and Conclusive Maps) (England) Regulations 2003[3] are amended as follows—
(a) for regulations 4 (correction of conclusive maps) and 5 (time limits for correction of provisional and conclusive maps) there is substituted—
"
Correction of conclusive maps
4.
—(1) Where a conclusive map has been issued under section 9(2) or issued in compliance with a direction under section 9(4), but the map does not incorporate, or accurately incorporate, a modification which—
(a) should have been incorporated in the provisional map issued under section 5(e), and
(b) has not been incorporated, or accurately incorporated, in the provisional map issued under section 5(e) by correcting that map under regulation 3(a),
the Agency may correct the conclusive map for the purpose of ensuring the modification is incorporated, or accurately incorporated, in so far as the correction consists of the omission of land from the map.
(2) Where a provisional map has been approved with modifications under section 6(4)(a), but any such modification is not incorporated, or accurately incorporated, in the conclusive map issued under section 9(2) or issued in compliance with a direction under section 9(4), the Agency may correct the conclusive map for the purpose of ensuring the modification is incorporated or accurately incorporated.
Time limits for correction of provisional maps
5.
The Agency may not correct a provisional map—
(a) under regulation 3(a) after the expiry of a period of three months beginning with the date of issue of the map to which the correction relates in so far as the correction consists of the showing of additional land on the map, or
(b) under regulation 3(b) after the expiry of a period of three months beginning with the date of issue of the map to which the correction relates."; and
(b) in regulation 7 (informing specified persons of the correction of maps)—
(i) in paragraph (1), after "regulation 3" there is inserted "or a conclusive map under regulation 4(1)", and
(ii) in paragraph (2), after "regulation 4" there is inserted "(2)".
Jim Knight
Parliamentary Under Secretary of State, Department for Environment, Food and Rural Affairs
21st July 2005
EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations, which apply in relation to England only, amend the Access to the Countryside (Correction of Provisional and Conclusive Maps) (England) Regulations 2003 ("the principal Regulations"). The principal Regulations make provision for the Countryside Agency to correct maps issued in provisional and conclusive form under Part I of the Countryside and Rights of Way Act 2000 (referred to in those Regulations as a "provisional map" and a "conclusive map" respectively).
These Regulations prescribe an additional set of circumstances in which a conclusive map may be corrected by the Countryside Agency. There is no longer a time limit for correcting a conclusive map. The time limit for correcting a provisional map under regulation 3(a) of the principal Regulations has been relaxed, so that the time limit of three months from the date of issue of the provisional map only applies where the correction consists of the showing of additional land on that map.
A full regulatory impact assessment has not been produced for this instrument as it has no impact on the costs of business.
Notes:
[1]
see, in section 45(1), the definition of "prescribed".back
[2]
2000 c.37.back
[3]
S.I. 2003/1591.back
ISBN
0 11 073151 4
| © Crown copyright 2005 |
Prepared
28 July 2005
|
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URL: http://www.bailii.org/uk/legis/num_reg/2005/20052027.html
