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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Access to the Countryside (Coastal Margin) (Aust to Brean Down No. 2) Order 2023 No. 892 URL: http://www.bailii.org/uk/legis/num_reg/2023/uksi_2023892_en_1.html |
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This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
This Statutory Instrument has been published in substitution of S.I. 2023/830to correct the omission of that instrument not being printed.
Statutory Instruments
Countryside, England
Made
18th July 2023
Coming into force
19th July 2023
The Secretary of State makes this Order in exercise of the powers conferred by section 3A(10) of the Countryside and Rights of Way Act 2000( 1).
1. This Order may be cited as the Access to the Countryside (Coastal Margin) (Aust to Brean Down No. 2) Order 2023 and comes into force on the day after the day on which it is made.
2.—(1) In relation to land which is coastal margin as a result of the relevant approval, the day appointed as the day on which the access preparation period( 2) ends is 19th July 2023.
(2) In paragraph (1), “ the relevant approval” means the approval by the Secretary of State( 3) under section 52(1) of the Act( 4) of the relevant reports on the 23rd of June 2022 for length 1 and the 9th July 2020 for lengths 2-5.
(3) In paragraph (2), “ the relevant reports” means the reports titled “ABD 1: Severn Bridge to New Passage”, “ABD 2: New Passage to New Pill Gout”, “ABD 3: New Pill Gout to Avonmouth Bridge”, “ABD 4: Avonmouth Bridge to Portishead Marina” and “ABD 5: Portishead Marina to Wain’s Hill, Clevedon” submitted by Natural England to the Secretary of State under sections 51 and 55A of the Act( 5) on 25th July 2019( 6).
(4) In this article, “ the Act” means the National Parks and Access to the Countryside Act 1949( 7).
Trudy Harrison
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
18th July 2023
(This note is not part of the Order)
This Order appoints the day on which the access preparation period ends in relation to land which is coastal margin as a result of the approval by the Secretary of State of Natural England’s proposals contained in a report relating to coastal access along the long-distance route between Aust to Brean Down. A copy of the Secretary of State’s notice of approval is available atwww.gov.ukor may be obtained by writing to the Commons and Access Team at the Department for Environment, Food and Rural Affairs, Seacole Building, 2 Marsham Street, London SW1 4DF.
An impact assessment has not been prepared in respect of this Order because the assumptions underlying the Order were reflected in the impact assessment which was prepared for the Marine and Coastal Access Act 2009 (c. 23). It is available atwww.gov.uk, or may be obtained by writing to the Commons and Access Implementation Team at the Department for Environment, Food and Rural Affairs at the address given above.
2000 c. 37; section 3A was inserted by the Marine and Coastal Access Act 2009 (c. 23), section 303(5).
The term “access preparation period” is defined in section 3A(10) of the Countryside and Rights of Way Act 2000.
The functions of the Secretary of State under sections 51 and 52 of the National Parks and Access to the Countryside Act 1949 (c. 97)were originally vested in the Minister of Town and Country Planning in relation to England and Wales (see section 114(1) of that Act). The Minister of Town and Country Planning was renamed the Minister of Local Government and Planning by S.I. 1951/142, and was further renamed the Minister of Housing and Local Government by S.I. 1951/1900. S.I. 1965/143transferred (so far as relevant) the functions of the Minister of Housing and Local Government to the Minister of Land and Natural Resources. The Ministry of Land and Natural Resources was dissolved by S.I. 1967/156and the functions of that Minister (so far as relevant) were transferred to the Minister of Housing and Local Government. The Ministry of Housing and Local Government was dissolved and the functions of that Minister were transferred to the Secretary of State by S.I. 1970/1681.
Section 52(1) was amended by the Natural Environment and Rural Communities Act 2006 (c. 16), Schedule 11, Part 1, paragraph 10(f).
Section 51 was amended by: the Countryside Act 1968 (c. 41), section 21(2); the Local Government Act 1972 (c. 70), Schedule 30; the Environmental Protection Act 1990 (c. 43), Schedule 8, paragraph 1(7); the Environment Act 1995 (c. 25), Schedule 10, paragraph 2(5); the Countryside and Rights of Way Act 2000, Schedule 5, Part 2, paragraph 12 and Schedule 7 paragraph 1; and by the Natural Environment and Rural Communities Act 2006, Schedule 11, Part 1, paragraph 10(e). Section 55A was inserted by the Marine and Coastal Access Act 2009, section 302(1).
The Coastal Access Aust to Brean Down report is available at www.gov.uk or may be obtained by writing to Coastal Access Delivery Team (North West), Natural England, Mail Hub, County Hall, Spetchley Road, Worcester, WR5 2NP.
