The Countryside and Rights of Way Act 2000 (Commencement No. 4) Order 2004

© Crown Copyright 2004

Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament.

The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.

It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Queen's Printer imprints which should be removed from any copies of the Statutory Instrument which are issued or made available to the public. This includes reproduction of the Statutory Instrument on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document.

The text of this Internet version of the Statutory Instrument which is published by the Queen's Printer of Acts of Parliament has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The Countryside and Rights of Way Act 2000 (Commencement No. 4) Order 2004, ISBN 0110486587. The print version may be purchased by clicking here. Braille copies of this Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail: customer.services@tso.co.uk.

Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions.

To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.

"the 1980 Act" means the Highways Act 1980[2]; and

"the 1981 Act" means the Wildlife and Countryside Act 1981[3].

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

Appointed day
     2. 13th February 2004 is the day appointed for the coming into force of the following provisions of the Countryside and Rights of Way Act 2000 - 

(a) section 63 (removal of obstructions from highways);

(b) section 70(1) (minor amendment of section 66(3) of the 1980 Act relating to works for safeguarding persons using footpaths);

(c) section 70(3) (minor amendment of section 300 of the 1980 Act relating to the right of local authorities to use vehicles and appliances on footways and bridleways);

(d) the following provisions of Part 1 of Schedule 5 (amendments of Part III of the 1981 Act relating to definitive maps and statements and restricted byways) - 


(i) paragraph 8 (consolidation of definitive maps and statements);

(ii) paragraph 10 (amendment of Schedule 14 to the 1981 Act relating to applications for certain orders under Part III of that Act);

(iii) paragraph 11 (amendment of Schedule 15 to the 1981 Act relating to the procedure in connection with certain orders under Part III of that Act); and



(e) paragraph 3 of Schedule 6 (amendment of section 31 of the 1980 Act relating to dedication of way as highway presumed after public use for 20 years).

Transitional provisions
     3.  - (1) The amendment of Schedule 15 to the 1981 Act, as mentioned in article 2(d)(iii) above, shall not apply in respect of orders made under Part III of that Act before 13th February 2004.

    (2) The amendment of section 31 of the 1980 Act, as mentioned in article 2(e) above, shall not apply in a case where - 

(a) an owner or his predecessors in title have, more than six years before 13th February 2004, deposited a map and statement in accordance with section 31(6) of the 1980 Act; and

(b) that owner or his predecessors in title have not, within the period of six years ending on 12th February 2004, lodged a statutory declaration (whether or not there has been a previous declaration) in accordance with section 31(6) of the 1980 Act.

Alun Michael
Minister of State, Department for Environment, Food and Rural Affairs

5th February 2004

[2] 1980 c. 66.back

[3] 1981 c. 69.back

[4] As to the exercise of the power to bring these provisions into force as regards Wales, see section 103(3) of the Countryside and Rights of Way Act 2000.back