Breadcrumbs
NCAF 10/5 Countryside and Rights of Way Act - commencement
2. The Agency welcomes comment and advice on this topic, though members should bear in mind the fact that the commencement power lies with the Secretary of State rather than the Agency.
The options and constraints
3. A few of the duties and powers contained in the Act (though none in Part I) came into force on Royal Assent. A clutch of others came into effect on January 30th.(see footnote and section 103 of the Act for more detail). Some ancillary provisions in Schedule 4 come into effect on 1 April.
4. The new rights of access conferred by section 2 of the Act will come into force in England "on such day as the Secretary of State ..... may by order made by statutory instrument appoint." This leaves a number of approaches for the Secretary of State to consider.
5. It is worth noting that assurances were given during the passage of the legislation that the new rights would not be brought into force before provision has been made to put in place long-term restrictions and closures. As the regulations governing these provisions are not expected to be confirmed until early 2002, it seems unlikely that commencement could take place anywhere until 2003 at the earliest.
6. The legislation allows for:
a. so called 'fast track' commencement (in the absence of maps prepared under Part I) on common land and land over 600 metres, and also for land dedicated under section 16.b. commencement elsewhere at such time that conclusive maps of access land have been issued.'Fast track'
7. The availability of regulations governing restrictions and closures, together with the time needed to receive applications, determine them and settle any appeals, suggests that the earliest that the 'fast track' measures could be used to provide a right of access might be early 2003. By this time the Agency expects to have transcribed the boundaries of registered common land onto a consistent base. We plan to consult on common land as we consult on open country, region by region, and by early 2003 we will have concluded consultation in several regions. So unconfirmed or 'non-statutory' maps of registered common land might be available during mid 2002. However, in order to allow sufficient time to put in place restrictions and closures on common land, the implementation of a "fast-track" right of access to such land would be unlikely before 2003.
8. It would be relatively straightforward to make known where land over 600 metres exists - though some of this land might turn out to be inaccessible because of the status of the surrounding land and the absence of rights of way.
9. Land dedicated under section 16 could also be available as soon as the necessary regulations and administrative processes were in place. Again, however, in order to allow for others with an interest in such land (tenants, sporting lessees etc.) to seek directions to exclude or restrict access, it is unlikely that statutory access to dedicated land could be commenced sooner than mid 2003. There might be considerable scope for commencement of the new rights over tracts of land dedicated by sympathetic private or institutional (including public) landowners. Rights might be dedicated for activities in addition to walking. The Agency will put in place the necessary advice and processes as soon as possible, to facilitate such dedications.
Maps
10. The Agency is committed to producing draft and provisional maps over the next 3 years, region by region. Provisional maps for the whole of England will have been completed by spring 2004. A map showing the regional 'roll out' will be displayed at the Forum meeting and a presentation on the mapping process then will complement consideration of the commencement issue.
11. Assuming the process of hearing and determining appeals takes approximately 6 months, and that a period is left after confirmation of the map for it to be publicised, for restrictions to be directed and for other preparation, our timetable suggests that the new rights and responsibilities could have been commenced throughout England by 2005. DETR have set this as one of their formal performance targets.
12. The process in some regions could have concluded earlier than this; for instance, the conclusive map of the two lead regions should be available in late 2002 or early 2003. So it is conceivable that commencement could be triggered in some regions in late 2003 - or a little later for groups of regions. The decisions on whether to trigger commencement in any place is for the Secretary of State at the time that conclusive maps are available.
13. An option may exist for earlier commencement in areas where those with the right of appeal express themselves content with the provisional map. In this instance it may be possible for a conclusive map for those areas to be agreed relatively quickly and commencement triggered. This approach would need careful consideration. The local access forums' view would be important. But it could be a useful option for some land - for instance where extensive and unchallenged 'de facto' access already existed and where the early availability of the reduced liability, management and other measures that apply to access land would be advantageous.
14. Other issues may emerge during the drafting of regulations and as a result of the mapping process, so the options presented in this paper should not be considered to be definitive or exclusive. Nevertheless, it provides a framework for discussion that is informed by current knowledge.
