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Countryside and Rights of Way Act 2000 (CROW)

Commencement of Part II of The Countryside and Rights of Way Act 2000 ('CROW Act') in England

Provision

Commencement details

sections 47-50
schedule 5 paras 1, 3, 5, 6, 9, 12 - 17
Redesignation of roads used as public paths as restricted byways

2 May 2006 (SI 1172/2006)
2 July 2006  (SI 1177/2006)

section 51 See Schedule 5 below  
section 52 Restricted byways : power to amend existing legislation 31 Jan 2001
sections 53-56
schedule 5 para 4
Extinguishment of unrecorded rights of way; BOATs not to be added to definitive map In due course. Cut off date not until 2026.
section 57 See Schedule 6 below  
section 58, 59 Application for public path creation order for purposes of Part I (access to the countryside) commenced by s.103 of CROW Act
sections 60 - 62
schedule 6 para 1, 6, 9(5)
Rights of way improvement plans 21 Nov 2002 (SI 2002/2833)
section 63 Enforcement of duty to prevent obstructions 13 Feb 2004 (SI 2004/292)
10 Mar 2004 (SI 2004/370)
section 64 Power to order offender to remove obstruction 30 Jan 2001
section 65 Power to remove overhanging vegetation obstructing horseriders 30 Jan 2001
section 66 Making of traffic regulation orders for purposes of conserving natural beauty or nature conservation 30 Jan 2001
section 67 See Schedule 7 below  
section 68 Vehicular access across common land 1 Apr 2001 (SI 2001/114)
section 69 Erection or improvement of stiles etc To be commenced Spring 2007
section 70(1), (3) Extends scope of works for safeguarding public paths; extends right of local authorities to use vehicles on rights of way 13 Feb 2004 (SI 2004/292)
section 70(2), (4) Removes limit on persons who may bring proceedings for failure to restore a public path by ploughing; extends defence to charge of driving or parking on a cycle track 1 Apr 2001 (SI 2001/114)
section 71 Reports on rights of way functions No plans to implement at present
section 72 Interpretation of Part II 30 Jan 2001 (SI 2001/114)
Schedule 5
para 1   2 May 2006 (SI 1172/2006)
para 2 Power to include modifications in other orders; register of applications under s.53 (Partially) 27 September 2005 (SI 2459/2005)
para 5   27 September 2005 (SI 2459/2005)
para 6   2 May 2006 (SI 1172/2006)
para 7 Miscellaneous minor amendments re definitive maps and statements 6 May 2006 (SI 1172/2006)
para 8 Consolidation of definitive maps and statements 13 Feb 2004 (SI 2004/292)
para 9   2 May 2006 (SI 1172/2006)
para 10 Directions by the Secretary of State to a local authority to make an order under schedule 14 to the Wildlife and Countryside Act 1981 can include a time within which an order is to be made 13 Feb 2004 (SI 2004/292)
para 11 Representations and objections to 1981 Act orders to include particulars of the grounds relied on; the Secretary of State may confirm a 1981 Act order without hearing representations or objections where none relates to an issue which would be relevant in determining an order; applies subsections (2) to (5) of the Local Government Act 1972 (giving of evidence at and defraying costs of inquiries) in relation to hearings (as well as local inquiries)

(Partially) 13 Feb 2004
(SI 2004/292)

(Remainder) 27 September 2005 (SI 2459/2005)

para 12 to 17 Amendment of other acts

2 May 2006 (SI 1172/2006)

Schedule 6
para 1   12 Feb 2003 (SI 2003/272)
para 2 Duty to have regard to agriculture, forestry and nature conservation when compulsory powers to create footpaths and bridleways are used 12 Feb 2003 (SI 2003/272)
para 3 Amends s.31(6) of the Highways Act 1980 to require maps to be deposited every ten (from six) years 13 Feb 2004 (SI 2004/292)
para 4 Register of maps, statements and declarations SI 2461/2005
para 5 Highways maintainable at public expense created in consequence of a special diversion order or SSSI diversion 12 Feb 2003 (except for SSSIs) (SI 2003/272) SSSI commencement Autumn 2006
paras 7, 9(4), 10, 23(5)(a) and (c), (6), (10) Right of landowners, lessees and occupiers of land used for agriculture, forestry or the breeding or keeping of horses to apply for extinguishment and diversion orders To be brought into force in 2007
paras 8, 12 Crime prevention 12 Feb 2003 (so far as inserts Highways Act 1980 s 118B (SI 2003/272)
paras 9(1)-(3), 11 Authorities to certify that work to bring a diverted way into public use has been carried out 12 Feb 2003 (SI 2003/272)
paras 13, 14, 17 Exercise of powers for making public path extinguishment and diversion orders; powers of entry for purposes connected with diversion and extinguishment orders 12 Feb 2003 (SI 2003/272) Except for ss.118C, 119C and 119D orders
para 15 Regulations with respect to applications for orders, including register of applications, right of appeal to the Secretary of State To be brought into force in 2007 with associated Schedule 5 provisions
paras 16, 22 Temporary diversions for dangerous works To be brought into force in 2007
paras 18, 19, 20, 21, 25, 26 Minor amendments 30 Jan 2001 (SI 2001/114);
12 Feb 2003 (SI 2003/272)
Except for s.119D orders (to be commenced Autumn 2006)
para 23(1)-(4), (5)(b), (7)-(9) Amendments to Schedule 6 to the Highways Act 1980 12 Feb 2003 (SI 2003/272)
Except for s.119D orders (to be commenced Autumn 2006)
para 23(8) Applies subsections (2) to (5) of the Local Government Act 1972 (giving of evidence at and defraying costs of inquiries) in relation to hearings (as well as local inquiries) held under Schedule 6 to the Highways Act 1980 12 Feb 2003 (SI 2003/272)
Except for s.119D orders (to be commenced Autumn 2006)
para 24 Delegation of making determination (inserts Schedule 12A into Highways Act 1980) 12 Feb 2003 (SI 2003/272)
Except for s.119D orders (to be commenced Autumn 2006)
Schedule 7 Driving of mechanically propelled vehicles elsewhere than on roads
paras 1-5, 8, 9 Amends definition of mechanically propelled vehicle; substitutes new s.34 of the Road Traffic Act 1988 30 Jan 2001
Schedule 16 Repeals, Part II Public rights of way and road traffic
Wildlife and Countryside Act 1981 sections 54, 56(5), 57(1), Schedule 15 para 9 Commenced in so far as it relates to the entry in Part II referring to section 45 of the 1981 Act ( SI 1172/2006) 6th May 2006
Transport and Works Act 1992 Schedule 2 Not yet repealed
Road Traffic Regulation Act 1984 section 22(1)(a) 30 Jan 2001
Highways Act 1980 section134(5) 1 Apr 2001 (does not have effect in relation to any offence committed before 1 Apr 2001) (SI 2001/114)

Page last modified: 4 September 2006
Page published: 20 October 2002

Department for Environment, Food and Rural Affairs