The Access to the Countryside (Coastal Margin) (Bamburgh to the Scottish Border including Holy Island) Order 2023 No. 928


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United Kingdom Statutory Instruments


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Statutory Instruments

2023 No. 928

Countryside, England

The Access to the Countryside (Coastal Margin) (Bamburgh to the Scottish Border including Holy Island) Order 2023

Made

21st August 2023

Coming into force

22nd August 2023

The Secretary of State makes this Order in exercise of the powers conferred by section 3A(10) of the Countryside and Rights of Way Act 2000( 1).

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Access to the Countryside (Coastal Margin) (Bamburgh to the Scottish Border including Holy Island) Order 2023 and comes into force on the day after the day on which it is made.

(2) In this Order, “ the Act” means the National Parks and Access to the Countryside Act 1949( 2).

End of access preparation period

2.—(1) In relation to land which is coastal margin as a result of the relevant approvals of the relevant reports, the day appointed as the day on which the access preparation period( 3) ends is 22nd August 2023.

(2) In this article—

the relevant approvals” means the approvals by the Secretary of State( 4) under section 52(1) of the Act( 5) of the—

(a)

Bamburgh Castle Golf Course Club House to Holy Island Causeway report on 12thNovember 2020;

(b)

Holy Island Causeway to Beal report on 12th November 2020;

(c)

Beal to Berwick-upon-Tweed report on 11th November 2021;

(d)

Berwick-upon-Tweed to Marshall Meadows report on 12th November 2020;

the relevant reports” means the reports submitted by Natural England to the Secretary of State under sections 51 and 55A of the Act( 6) on 15th January 2020( 7) entitled—

(a)

the England Coast Path Bamburgh Castle Golf Course Club House to Holy Island Causeway report;

(b)

the England Coast Path Holy Island Causeway to Beal report;

(c)

the England Coast Path Beal to Berwick-upon-Tweed report;

(d)

the England Coast Path Berwick-upon-Tweed to Marshall Meadows Marina report.

Trudy Harrison

Parliamentary Under Secretary of State

Department for Environment, Food and Rural Affairs

21st August 2023

EXPLANATORY NOTE

(This note is not part of the Order)

This Order appoints the day on which the access preparation period ends in relation to land which is coastal margin as a result of the approval by the Secretary of State of Natural England’s proposals contained in reports relating to coastal access upon the long-distance route between Bamburgh to the Scottish Border (including Holy Island). A copy of the Secretary of State’s notice of approvals of the reports is available atwww.gov.ukor may be obtained by writing to the Commons and Access Team at the Department for Environment, Food and Rural Affairs, Seacole Building, 2 Marsham Street, London SW1 4DF.

An impact assessment has not been prepared in respect of this Order because the assumptions underlying the Order were reflected in the impact assessment which was prepared for the Marine and Coastal Access Act 2009 (c. 23). It is available atwww.gov.uk, or may be obtained by writing to the Commons and Access Implementation Team at the Department for Environment, Food and Rural Affairs at the address given above.

( 1)

2000 c. 37; section 3A was inserted by the Marine and Coastal Access Act 2009 (c. 23), section 303(5).

( 2)

1949 c. 97.

( 3)

The term “access preparation period” is defined in section 3A(10) of the Countryside and Rights of Way Act 2000.

( 4)

The functions of the Secretary of State under sections 51 and 52 of the National Parks and Access to the Countryside Act 1949 (c. 97)were originally vested in the Minister of Town and Country Planning in relation to England and Wales (see section 114(1) of that Act). The Minister of Town and Country Planning was renamed the Minister of Local Government and Planning by S.I. 1951/142, and was further renamed the Minister of Housing and Local Government by S.I. 1951/1900. S.I. 1965/143transferred (so far as relevant) the functions of the Minister of Housing and Local Government to the Minister of Land and Natural Resources. The Ministry of Land and Natural Resources was dissolved by S.I. 1967/156and the functions of that Minister (so far as relevant) were transferred to the Minister of Housing and Local Government. The Ministry of Housing and Local Government was dissolved and the functions of that Minister were transferred to the Secretary of State by S.I. 1970/1681.

( 5)

Section 52(1) was amended by the Natural Environment and Rural Communities Act 2006 (c. 16), Schedule 11, Part 1, paragraph 10(f).

( 6)

Section 51 was amended by the Countryside Act 1968 (c. 41), section 21(2), the Local Government Act 1972 (c. 70), Schedule 30, the Environmental Protection Act 1990 (c. 43), Schedule 8, paragraph 1(7), the Environment Act 1995 (c. 25), Schedule 10, paragraph 2(5), the Countryside and Rights of Way Act 2000, Schedule 5, Part 2, paragraph 12 and Schedule paragraph 1, and the Natural Environment and Rural Communities Act 2006, Schedule 11, Part 1, paragraph 10(e). Section 55A was inserted by the Marine and Coastal Access Act 2009, section 302(1).

( 7)

The England Coast Path Bamburgh Castle Golf Course Club House to Holy Island Causeway report, the England Coastal Path Holy Island Causeway to Beal report, the England Coast Path Beal to Berwick-upon-Tweed report and the England Coast Path Berwick-upon-Tweed to Marshall Meadows Marina report are available atwww.gov.ukor may be obtained by writing to Coastal Access Delivery Team, Natural England, Mail Hub, County Hall, Spetchley Road, Worcester, WR5 2NP.


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