Access to the Countryside (Provisional and Conclusive Maps) (England) Regulations 2002
2002 No. 1710
COUNTRYSIDE, ENGLAND
The Access to the Countryside (Provisional and Conclusive Maps) (England) Regulations 2002
Made 7th July 2002
Laid before Parliament 8th July 2002
Coming into force 29th July 2002
The Secretary of State for Environment, Food and Rural Affairs, in exercise of the powers conferred on her by sections 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:
PART I
PRELIMINARY
Title, commencement and extent
1.—(1) These Regulations may be cited as the Access to the Countryside (Provisional and Conclusive Maps) (England) Regulations 2002 and shall come into force on 29th July 2002.
(2) These Regulations extend to England only3.
General interpretation
2.—(1) In these Regulations, unless the context otherwise requires—
“the Act” means the Countryside and Rights of Way Act 2000;
“the Agency” means the Countryside Agency;
“conclusive map” means a map issued by the Agency in conclusive form under section 9;
“draft map” means a map prepared by the Agency under section 4 and issued by the Agency in draft form under section 5;
“parish council” has the same meaning as in Part I of the Local Government Act 19724;
“proper officer” shall be construed in accordance with section 270(3) of the Local Government Act 1972;
“provisional map” means a map issued by the Agency in provisional form under section 5(d) or (e);
“reduced scale map” means, in relation to a provisional or conclusive map, a copy of that map in printed or electronic form which may be on a smaller scale than the scale of the provisional or conclusive map (or any part of it) but—
(a) for the purposes of regulation 12, 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; and
“review conclusive map” means a conclusive map issued by the Agency on a review under section 10.
(2) In these Regulations—
(a)
(a) references to a period during which a provisional map remains current are references to the period which ends on the date on which the Agency have issued—
(i) a conclusive map covering the area of land to which the provisional map relates, or
(ii) a draft map covering that area, which the Agency have prepared in accordance with a requirement imposed on them under section 6(4)(b),
or, where maps are issued covering particular parts of that area, to the period which ends on the date on which the Agency have issued the last in a succession of such maps issued by them which together (in any combination of conclusive or draft maps) cover the whole of that area;
(b)
(b) references to a period during which a conclusive map remains current are references to the period which ends on the date on which the Agency have issued a review conclusive map covering the area of land to which the conclusive map relates or, where review conclusive maps are issued covering particular parts of that area, to the period which ends on the date on which the Agency have issued the last in a succession of such maps issued by them which together cover the whole of that area;
(c)
(c) references to a period during which a reduced scale map remains current are references to the period during which the provisional or conclusive map from which it is derived remains current; and
(d)
(d) references to sections are references to sections of the Act and references to a Part are to the relevant Part of these Regulations.
PART II
PROVISIONAL OR CONCLUSIVE MAPS
Scale of provisional or conclusive maps
3.—(1) Any provisional or conclusive map issued by the Agency shall be in electronic form and on a scale of not less than 1/10,000.
(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.
Informing the public of the issue of provisional maps
4.—(1) Where the Agency have issued a provisional map, 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 relates;
(c)
(c) states where (in accordance with regulation 6) the map is to be made available for inspection;
(d)
(d) states how (in accordance with regulation 8) reduced scale maps may be obtained, including whether a fee is payable and, if so, what fee;
(e)
(e) states where (in accordance with regulation 9) a reduced scale map may be inspected on the internet;
(f)
(f) states, in general terms, where (by virtue of regulations 10, 11 and 12) reduced scale maps are to be made available for inspection;
(g)
(g) describes the opportunity afforded to a person under section 6 to appeal against the showing of that land on the map as registered common land or open country within the period specified in regulation 16(1), the ground on which such an appeal may be brought and how such an appeal must be brought; and
(h)
(h) states the general effect of the right conferred on the public in relation to access land by section 2(1).
(2) The notice referred to in paragraph (1) shall be published—
(a)
(a) in such local or regional newspapers circulating in the area of land to which the map relates as the Agency consider necessary for informing the public of the issue of the map; and
(b)
(b) by being made available for inspection on a website maintained by the Agency for the period during which the map remains current.
Informing the public of the issue of conclusive maps
5.—(1) Where the Agency have issued a conclusive map, 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 relates;
(c)
(c) states where (in accordance with regulation 7) the map is to be made available for inspection;
(d)
(d) states how (in accordance with regulation 8) reduced scale maps may be obtained, including whether a fee is payable and, if so, what fee;
(e)
(e) states where (in accordance with regulation 9) a reduced scale map may be inspected on the internet;
(f)
(f) states in general terms where (by virtue of regulation 10) reduced scale maps are to be made available for inspection; and
(g)
(g) states the general effect of the right conferred on the public in relation to access land by section 2(1).
(2) The notice referred to in paragraph (1) shall be published—
(a)
(a) in such local or regional newspapers circulating in the area of land to which the map relates as the Agency consider necessary for informing the public of the issue of the map; and
(b)
(b) by being made available for inspection on a website maintained by the Agency for the period during which the map remains current.
Where provisional maps are to be available for inspection
6.—(1) Subject to paragraph (2), where the Agency have issued a provisional map, 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 the period during which it remains current.
Where conclusive maps are to be available for inspection
7.—(1) Subject to paragraph (2), where the Agency have issued a conclusive map, 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 the period during which it remains current.
Supply of reduced scale maps to certain bodies and to members of the public
8.—(1) Where the Agency have issued a provisional map, they shall, as soon as reasonably practicable on or after the date of issue—
(a)
(a) send a reduced scale map in printed form to those persons specified in Part I of the Schedule to these Regulations; and
(b)
(b) subject to paragraph (3), supply a reduced scale map in printed form to any person who requests such a map, and who pays to the Agency such reasonable fee as the Agency may determine, at any time in the period during which the map remains current.
(2) Where the Agency have issued a conclusive map, they shall, as soon as reasonably practicable on or after the date of issue—
(a)
(a) send a reduced scale map in printed form to those persons specified in Part II of the Schedule to these Regulations; and
(b)
(b) subject to paragraph (3), supply a reduced scale map in printed form to any person who requests such a map, and who pays to the Agency such reasonable fee as the Agency may determine, at any time in the period during which the map remains current.
(3) Where a person requests a reduced scale map under paragraph (1)(b) or (2)(b) above relating to only part of the area of land to which the provisional or conclusive map 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 practicable, to only that part.
Reduced scale maps on the internet
9. Where the Agency have issued a provisional or conclusive map, they shall, as soon as reasonably practicable on or after the date of issue, make a reduced scale map available for inspection on a website maintained by the Agency on the internet for the period during...
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