Access to the Countryside (Maps in Draft Form) (England) Regulations 2001
| Year | 2001 |
2001 No. 3301
COUNTRYSIDE, ENGLAND
The Access to the Countryside (Maps in Draft Form) (England) Regulations 2001
Made 28th September 2001
Laid before Parliament 9th October 2001
Coming into force 1st November 2001
The Secretary of State for Environment, Food and Rural Affairs, in exercise of the powers conferred upon her by sections 5(b), 11(1), (2) and (3), 44(2) and 45(1)1of the Countryside and Rights of Way Act 20002, and of all other powers enabling her in that behalf, hereby makes the following Regulations:
Citation, commencement and extent
1.—(1) These Regulations may be cited as the Access to the Countryside (Maps in Draft Form) (England) Regulations 2001 and shall come into force on 1st November 2001.
(2) These Regulations extend to England only3.
Interpretation
2.—(1) In these Regulations—
“the Agency” means the Countryside Agency;
“parish council” has the same meaning as in Part I of the Local Government Act19724;
“proper officer” shall be construed in accordance with section 270(3) of the Local Government Act 1972; and
“reduced scale map” means, in relation to a map issued by the Agency in draft form, a copy in printed or electronic form of the map which may be on a smaller scale than the scale of the map (or of any part of the map) issued in draft form but—
(a) for the purposes of regulation 11, must be on a scale of not less than 1/10,000, and
(b) for all other purposes, must be on a scale of not less than 1/25,000.
(2) In these Regulations references to sections are references to sections of the Countryside and Rights of Way Act 2000.
Preparation and scale of maps in draft form
3.—(1) Any map prepared by the Agency under section 4 and issued in draft form shall—
(a)
(a) be on a scale of not less than 1/10,000,
(b)
(b) be in electronic form,
(c)
(c) use the same notation to show all registered common land, and
(d)
(d) use the same notation to show all open country.
(2) The scale of any part of any such map may vary, provided each part is on a scale of not less than 1/10,000.
Consultation on maps in draft form
4.—(1) Subject to paragraph (3), where the Agency have issued a map in draft form they shall, as soon as reasonably practicable on or after the date of issue, send to the persons specified in the Schedule to these Regulations—
(a)
(a) in the case of those persons specified in Part I of the Schedule, the Countryside Council for Wales and the Historic Buildings and Monuments Commission for England, one reduced scale map, and
(b)
(b) in the case of all other persons specified in the Schedule, two reduced scale maps.
(2) The Agency shall at the same time send to the persons specified in the Schedule—
(a)
(a) an invitation to make representations with respect to the showing of, or the failure to show, any area of land on the map in draft form as registered common land or as open country, and
(b)
(b) the information required by paragraph (1)(a) and (d) to (j) of regulation 5 to be contained in the notice published in accordance with that regulation in relation to that map.
(3) Where the functions of a person specified in Part I of the Schedule relate to only part of the area of land covered by the map in draft form, the Agency may send to that person a reduced scale map relating to only that part.
Informing the public of the issue of maps in draft form
5.—(1) Where the Agency have issued a map in draft form, they shall, as soon as reasonably practicable on or after the date of issue, publish a notice which—
(a)
(a) states the date of issue,
(b)
(b) describes the area of land to which the map in draft form relates,
(c)
(c) invites representations with respect to the showing of, or the failure to show, any area of land on the map in draft form as registered common land or as open country,
(d)
(d) states where (in accordance with regulation 6) the map in draft form is to be made available for inspection,
(e)
(e) states how (in accordance with regulation 7) reduced scale maps may be obtained including whether a fee is payable,
(f)
(f) states where (in accordance with regulation 8) a reduced scale map may be inspected on the internet,
(g)
(g) states in general terms where (by virtue of regulations 9, 10 and 11) reduced scale maps are to be made available for inspection,
(h)
(h) states that representations on the map in draft form must be made so as to be received by the Agency within a period of three months beginning with the date of issue,
(i) states the manner in which representations must be made to the Agency including the effect of regulation 12(2) and (3), and
(j)
(j) states the general effect of the right conferred on the public by section 2(1).
(2) The notice referred to in paragraph (1) shall be published in such local or regional newspapers circulating in the area of land to which the map in draft form relates as the Agency consider necessary for informing the public of the issue of the map.
Where maps in draft form are to be available for inspection
6.—(1) Subject to paragraph (2), where the Agency have issued a map in draft form, they shall, as soon as reasonably practicable on or after the date of issue, make the map available for inspection by members of the public at all reasonable hours in such regional office of the Agency as they consider appropriate.
(2) The map shall be available for inspection for a period which ends three months after the date on which the Agency have issued a map in conclusive form covering the area of land to which the map issued in draft form relates or, where more than one map is issued in conclusive form covering that area of land, for a period which ends three months after the date on which the Agency have issued the last map in conclusive form relating to that area.
Supply of reduced scale maps to members of the public
7.—(1) Subject to paragraph (2), where the Agency have issued a map in draft form they shall supply a reduced scale map in printed form to any person who, within a period of three months beginning with the date of issue, requests such a map and who pays to the Agency such reasonable fee as the Agency may determine.
(2) Where a person requests a reduced scale map relating to only part of the area of land to which the map in draft form relates, he shall provide the Agency with such information as the Agency reasonably require to enable that part to be identified, and the Agency shall supply a reduced scale map relating, so far as reasonably practicable, to only that part.
Reduced scale maps on the internet
8. Where the Agency have issued a map in draft form, they shall make a reduced scale map available for inspection on a website they maintain...
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