Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Access to the countryside
General
In this Part “access land” means any land which—but does not (in any of those cases) include excepted land or land which is treated by section 15(1) as being accessible to the public apart from this Act.
is shown as open country on a map in conclusive form issued by the appropriate countryside body for the purposes of this Part,
is shown on such a map as registered common land,
is registered common land in any area outside Inner London for which no such map relating to registered common land has been issued,
is situated more than 600 metres above sea level in any area for which no such map relating to open country has been issued, ...
is coastal margin, or
is dedicated for the purposes of this Part under section 16,
In this Part—“access authority”—in relation to land in a National Park, means the National Park authority, and in relation to any other land, means the local highway authority in whose area the land is situated;“the appropriate countryside body” means—in relation to England, Natural England, and in relation to Wales, the Natural Resources Body for Wales ;“coastal margin” means land which is of a description specified by an order under section 3A;“excepted land” means land which is for the time being of any of the descriptions specified in Part I of Schedule 1, those descriptions having effect subject to Part II of that Schedule;“mountain” includes, subject to the following definition, any land situated more than 600 metres above sea level;“mountain, moor, heath or down” does not include land which appears to the appropriate countryside body to consist of improved or semi-improved grassland;“open country” means land which—appears to the appropriate countryside body to consist wholly or predominantly of mountain, moor, heath or down, and is not registered common land or coastal margin or land dedicated as coastal margin for the purposes of this Part under section 16.
In this Part “registered common land” means—
land which is registered as common land under the Commons Registration Act 1965 (in this section referred to as “the 1965 Act”)(but is not coastal margin) or land dedicated as coastal margin for the purposes of this Part under section 16 and whose registration under that Act has become final, or land which is registered as common land in a register of common land kept under Part 1 of the Commons Act 2006.
subject to subsection (4), land which fell within paragraph (a) on the day on which this Act is passed or at any time after that day but has subsequently ceased to be registered as common land under the 1965 Act on the register of common land in which it was included being amended by reason of the land having ceased to be common land within the meaning of that Act.
Subsection (3)(b) does not apply where—
the amendment of the register of common land was made in pursuance of an application made before the day on which this Act is passed, or
the land ceased to be common land by reason of the exercise of—
any power of compulsory purchase, of appropriation or of sale which is conferred by an enactment,
any power so conferred under which land may be made common land within the meaning of the 1965 Act in substitution for other land.
Any person is entitled by virtue of this subsection to enter and remain on any access land for the purposes of open-air recreation, if and so long as—
he does so without breaking or damaging any wall, fence, hedge, stile or gate, and
he observes the general restrictions in Schedule 2 and any other restrictions imposed in relation to the land under Chapter II.
Subsection (1) has effect subject to subsections (3) and (4) and to the provisions of Chapter II.
Subsection (1) does not entitle a person to enter or be on any land, or do anything on any land, in contravention of any relevant statutory prohibition.
In subsection (3) “relevant statutory prohibition” means—
in the case of land which is coastal margin, a prohibition contained in or having effect under any enactment, and
in any other case, a prohibition contained in or having effect under any enactment other than an enactment contained in a local or private Act.
If a person becomes a trespasser on any access land by failing to comply with—he may not, within 72 hours after leaving that land, exercise his right under subsection (1) to enter that land again or to enter other land in the same ownership.
subsection (1)(a),
the general restrictions in Schedule 2, or
any other restrictions imposed in relation to the land under Chapter II,
In this section “owner”, in relation to any land which is subject to a farm business tenancy within the meaning of the Agricultural Tenancies Act 1995 or a tenancy to which the Agricultural Holdings Act 1986 applies, means the tenant under that tenancy, and “ownership” shall be construed accordingly.
The Welsh Ministers may by order amend the definition of “open country” in section 1(2) so as to include as respects Wales a reference to coastal land or to coastal land of any description.
An order under this section may—
make consequential amendments of other provisions of this Part, and
modify the provisions of this Part in their application to land which is open country merely because it is coastal land.
In this section “coastal land” means—
the foreshore, and
land adjacent to the foreshore (including in particular any cliff, bank, barrier, dune, beach or flat which is adjacent to the foreshore).
The Secretary of State may by order specify the descriptions of land in England which are coastal margin for the purposes of this Part.
An order under subsection (1) may, in particular—
describe land by reference to it being—if the land described under paragraphs (i) to (iii), taken as a whole, is coastal land;
land over which the line taken by the English coastal route passes,
land which is adjacent to and within a specified distance of that line, or
land which is adjacent to land within sub-paragraph (ii),
in relation to cases where a proposal of the kind mentioned in section 55B of the 1949 Act (power to determine the route in accordance with provision made in the report) is contained in relevant approved proposals, describe land by reference to the line taken by the English coastal route as it has effect from time to time in accordance with that proposal;
in relation to cases where a proposal of the kind mentioned in section 55C of that Act (alternative routes) is contained in relevant approved proposals, describe land by reference to it being—whether or not it is coastal land;
land over which the line taken by an official alternative route which is for the time being in operation passes, or
land which is adjacent to and within a specified distance of that line,
in relation to cases where a proposal of the kind mentioned in section 55D(2)(a) or (b) of that Act (proposal that boundary should coincide with a physical feature) is contained in relevant approved proposals, provide that the boundary of an area of coastal margin is to coincide with a physical feature as provided for in that proposal (and for this purpose it is immaterial if the effect is to include other land as coastal margin or to exclude part of an area of coastal land);
in relation to cases where a direction under subsection (3) of section 55I of that Act (temporary diversions) specifies a route which (or any part of which) passes over land within subsection (4)(d) of that section, describe land by reference to it being—whether or not it is coastal land.
land over which the line taken by that route (so far as it passes over land within subsection (4)(d) of that section) passes, or
land which is adjacent to and within a specified distance of that line (so far as it so passes),
For the purposes of subsection (2) it is immaterial whether the English coastal route is in existence at the time the order is made.
An order under subsection (1) may modify the provisions of this Part in their application to land which is coastal margin.
Provision made by virtue of subsection (4) may, in particular—
confer functions on the Secretary of State or Natural England;
if providing for any description of land which is coastal margin to be excluded from any description of excepted land—
describe that land as mentioned in subsection (2)(a)(i) to (iii), (b) or (c), or
in relation to cases where a proposal of the kind mentioned in section 55D(2)(c) of the 1949 Act (proposal that boundary should coincide with a physical feature) is contained in relevant approved proposals, provide that the boundary of that land (or any part of it) is to coincide with a physical feature as provided for in that proposal.
Where, as a result of proposals becoming approved proposals relating to a long-distance route, land becomes coastal margin by virtue of an order under subsection (1)—
section 2(1) does not apply in relation to the land by reason of it being coastal margin until the end of the access preparation period in relation to the land,
any direction given under Chapter 2 in relation to the land may be expressed to take effect immediately after the end of that period, and
until the end of that period, the land is not to be regarded as coastal margin—
for the purpose of determining whether it is open country or registered common land, or
for the purposes of section 1(6AA) of the Occupiers' Liability Act 1984 (duty of occupier of coastal margin to persons other than the occupier's visitors).
Where, as a result of proposals becoming approved proposals relating to a long-distance route, land becomes coastal margin by virtue of an order under subsection (1), any exclusion or restriction under Chapter 2 of access to the land by virtue of section 2(1) ceases to have effect at the end of the access preparation period.
Subsection (7) does not apply to any exclusion or restriction resulting from a direction under Chapter 2 which takes effect after the end of the access preparation period.
Subsections (6) and (7) do not apply to land if, at the time it becomes coastal margin by virtue of an order under subsection (1), it is already dedicated as coastal margin under section 16.
In this section—“the 1949 Act” means the National Parks and Access to the Countryside Act 1949;“access preparation period”, in relation to any land, means the period which—begins when the land becomes coastal margin, and ends with the day appointed by the Secretary of State by order under this subsection in relation to that land;“approved proposals relating to a long-distance route” is to be construed in accordance with sections 52(3) and 55(4) of the 1949 Act;“coastal land” has the same meaning as in section 3;“the English coastal route” means the route secured (or to be secured) pursuant to the coastal access duty (within the meaning of section 296 of the Marine and Coastal Access Act 2009);“modify” includes amend, add to or repeal;“official alternative route” has the meaning given by section 55J of the 1949 Act;“relevant approved proposals” means approved proposals relating to a long-distance route which is or forms part of the English coastal route;“specified” means specified in an order under subsection (1); and references to the exclusion or restriction under Chapter 2 of access to any land by virtue of section 2(1) are to be interpreted in accordance with section 21(2) and (3).
Maps
It shall be the duty of Natural England to prepare, in respect of England outside Inner London, maps which together show—
all registered common land, and
all open country.
It shall be the duty of the Natural Resources Body for Wales to prepare, in respect of Wales, maps which together show—
all registered common land, and
all open country.
A map prepared under this section must distinguish between open country and registered common land, but need not distinguish between different categories of open country.
In preparing a map under this section, the appropriate countryside body—
may determine not to show as open country areas of open country which are so small that the body consider that their inclusion would serve no useful purpose, and
may determine that any boundary of an area of open country is to be treated as coinciding with a particular physical feature (whether the effect is to include other land as open country or to exclude part of an area of open country).
The appropriate countryside body shall—
issue in draft form any map prepared by them under section 4,
consider any representations received by them within the prescribed period with respect to the showing of, or the failure to show, any area of land on the map as registered common land or as open country,
confirm the map with or without modifications,
if the map has been confirmed without modifications, issue it in provisional form, and
if the map has been confirmed with modifications, prepare a map incorporating the modifications, and issue that map in provisional form.
Any person having an interest in any land may appeal—against the showing of that land on a map in provisional form as registered common land or as open country.
in the case of land in England, to the Secretary of State, or
in the case of land in Wales, to the National Assembly for Wales,
An appeal relating to the showing of any land as registered common land may be brought only on the ground that the land is not registered common land.
An appeal relating to the showing of any land as open country may be brought only on the ground that—
the land does not consist wholly or predominantly of mountain, moor, heath or down, and
to the extent that the appropriate countryside body have exercised their discretion under section 4(5)(b) to treat land which is not open country as forming part of an area of open country, the body ought not to have done so.
On an appeal under this section, the Secretary of State or the National Assembly for Wales may—
approve the whole or part of the map which is the subject of the appeal, with or without modifications, or
require the appropriate countryside body to prepare under section 4 a new map relating to all or part of the area covered by the map which is the subject of the appeal.
Before determining an appeal under section 6, the Secretary of State or the National Assembly for Wales may, if he or it thinks fit—and the appeal authority shall act as mentioned in paragraph (a) or (b) if a request is made by either party to the appeal to be heard with respect to the appeal.
cause the appeal to take, or continue in, the form of a hearing, or
cause a local inquiry to be held;
Subsections (2) to (5) of section 250 of the Local Government Act 1972 (local inquiries: evidence and costs) apply to a hearing or local inquiry held under this section as they apply to a local inquiry held under that section, but as if—
references in that section to the person appointed to hold the inquiry were references to the Secretary of State or the National Assembly for Wales, and
references in that section to the Minister causing an inquiry to be held were references to the Secretary of State or the Assembly.
Where—the power to make such an order may be exercised, in relation to costs incurred for the purposes of the inquiry or hearing, as if it had taken place.
for the purposes of an appeal under section 6, the Secretary of State or the National Assembly for Wales is required by subsection (1)—
to cause the appeal to take, or continue in, the form of a hearing, or
to cause a local inquiry to be held, and
the inquiry or hearing does not take place, and
if it had taken place, the Secretary of State or the Assembly or a person appointed by the Secretary of State or the Assembly would have had power to make an order under section 250(5) of the Local Government Act 1972 requiring any party to pay the costs of the other party,
This section has effect subject to section 8.
The Secretary of State or the National Assembly for Wales may—
appoint any person to exercise on his or its behalf, with or without payment, the function of determining—
an appeal under section 6, or
any matter involved in such an appeal, or
refer any matter involved in such an appeal to such person as the Secretary of State or the Assembly may appoint for the purpose, with or without payment.
Schedule 3 has effect with respect to appointments under subsection (1)(a).
Where—
the time within which any appeal under section 6 may be brought in relation to a map in provisional form has expired and no appeal has been brought, or
every appeal brought under that section in relation to a map has—the appropriate countryside body shall issue the map (or the part or parts of it that have been approved without modifications) as a map in conclusive form.
been determined by the map or part of it being approved without modifications, or
been withdrawn,
Where—the appropriate countryside body shall prepare a map which covers the area covered by the map in provisional form (or the part or parts of the map in provisional form that have been approved with or without modifications) and incorporates the modifications, and shall issue it as a map in conclusive form.
every appeal brought under section 6 in relation to a map in provisional form has been determined or withdrawn, and
on one or more appeals, the map or any part of it has been approved with modifications,
Where either of the conditions in subsection (1)(a) and (b) is satisfied in relation to any part of a map in provisional form, the Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales) may direct the relevant countryside body to issue that part of the map as a map in conclusive form.
Where on an appeal under section 6 part of a map in provisional form has been approved with modifications but the condition in subsection (2)(a) is not yet satisfied, the Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales) may direct the relevant countryside body to issue a map which covers the area covered by that part of the map in provisional form and incorporates the modifications, and to issue it as a map in conclusive form.
Where a map in conclusive form has been issued in compliance with a direction under subsection (3) or (4), subsections (1) and (2) shall have effect as if any reference to the map in provisional form were a reference to the part not affected by the direction.
A document purporting to be certified on behalf of the appropriate countryside body to be a copy of or of any part of a map in conclusive form issued by that body for the purposes of this Part shall be receivable in evidence and shall be deemed, unless the contrary is shown, to be such a copy.
This section applies where a map has been issued in conclusive form for the purposes of this Part in respect of any area in England.
Natural England must before 1 January 2031, to the extent that they consider appropriate, carry out a review of whether—
any land shown on that map as open country or registered common land is open country or registered common land at the time of the review, and
any land in that area which is not so shown ought to be so shown.
Regulations may require Natural England to carry out subsequent reviews, in respect of such matters and in respect of such circumstances as may be prescribed.
Where the appropriate countryside body have issued a map in conclusive form in respect of any area in Wales, it shall be the duty of the body from time to time, on a review under this section, to consider—
whether any land shown on that map as open country or registered common land is open country or registered common land at the time of the review, and
whether any land in that area which is not so shown ought to be so shown.
A review under this section must be undertaken—
in the case of the first review, not more than ten years after the issue of the map in conclusive form, and
in the case of subsequent reviews, not more than twenty years after the previous review.
Regulations may amend paragraphs (a) and (b) of subsection (2) by substituting for the period for the time being specified in either of those paragraphs such other period as may be specified in the regulations.
Regulations under this section may in particular make provision with respect to—
the scale on which maps are to be prepared,
the manner and form in which they are to be prepared and issued,
consultation with access authorities, local access forums and other persons on maps in draft form,
the steps to be taken for informing the public of the issue of maps in draft form, provisional form or conclusive form,
the manner in which maps in draft form, provisional form or conclusive form are to be published or to be made available for inspection,
the period within which and the manner in which representations on a map in draft form may be made to the appropriate countryside body,
the confirmation of a map under section 5(c),
the period within which and manner in which appeals under section 6 are to be brought,
the advertising of such an appeal,
the manner in which such appeals are to be considered,
the procedure to be followed on a review under section 9A (including provision as to the period within which, and the manner in which, representations may be made to Natural England in relation to such a review),
the procedure to be followed on a review under section 10, including the issue of maps in draft form, provisional form and conclusive form on a review, and
the correction by the appropriate countryside body of minor errors or omissions in maps.
Regulations made by virtue of subsection (2)(b) or (e) may authorise or require a map to be prepared, issued, published or made available for inspection in electronic form, but must require any map in electronic form to be capable of being reproduced in printed form.
Regulations made by virtue of subsection (2)(ja) may make provision—
for appeals in relation to a review, including by making provision applying, or corresponding to, any provision of, or made under, Schedule 1A to the National Parks and Access to the Countryside Act 1949 (coastal access reports) (with or without modifications);
enabling Natural England to make a determination in preparing a map on a review that any boundary of an area of open country is to be treated as coinciding with a particular physical feature (whether the effect is to include other land as open country or to exclude part of an area of open country).
Regulations made by virtue of subsection (2)(k) may provide for any of the provisions of this Chapter relating to appeals to apply (with or without modifications) in relation to an appeal against a map issued in provisional form on a review.
Rights and liabilities of owners and occupiers
The operation of section 2(1) in relation to any access land does not increase the liability, under any enactment not contained in this Act or under any rule of law, of a person interested in the access land or any adjoining land in respect of the state of the land or of things done or omitted to be done on the land.
Any restriction arising under a covenant or otherwise as to the use of any access land shall have effect subject to the provisions of this Part, and any liability of a person interested in any access land in respect of such a restriction is limited accordingly.
For the purposes of any enactment or rule of law as to the circumstances in which the dedication of a highway or the grant of an easement may be presumed, or may be established by prescription, the use by the public or by any person of a way across land in the exercise of the right conferred by section 2(1) is to be disregarded.
The use of any land by the inhabitants of any locality for the purposes of open-air recreation in the exercise of the right conferred by section 2(1) is to be disregarded in determining whether the land has become a town or village green.
In section 1 of the Occupiers’ Liability Act 1957 (liability in tort: preliminary), for subsection (4) there is substituted—
In section 1 of the Occupiers’ Liability Act 1984 (duty of occupier to persons other than his visitors), after subsection (6) there is inserted—
After section 1 of that Act there is inserted—
If any person places or maintains—a notice containing any false or misleading information likely to deter the public from exercising the right conferred by section 2(1), he is liable on summary conviction to a fine not exceeding level 1 on the standard scale.
on or near any access land, or
on or near a way leading to any access land,
The court before whom a person is convicted of an offence under subsection (1) may, in addition to or in substitution for the imposition of a fine, order him to remove the notice in respect of which he is convicted within such period, not being less than four days, as may be specified in the order.
A person who fails to comply with an order under subsection (2) is guilty of a further offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Access under other enactments or by dedication
For the purposes of section 1(1), land is to be treated as being accessible to the public apart from this Act at any time if, but only if, at that time—
section 193 of the Law of Property Act 1925 (rights of the public over commons and waste lands) applies to it,
by virtue of a local or private Act or a scheme made under Part I of the Commons Act 1899 (as read with subsection (2)), members of the public have a right of access to it at all times for the purposes of open-air recreation (however described),
an access agreement or access order under Part V of the National Parks and Access to the Countryside Act 1949 is in force with respect to it, or
the public have access to it under subsection (1) of section 19 of the Ancient Monuments and Archaeological Areas Act 1979 (public access to monuments under public control) or would have access to it under that subsection but for any provision of subsections (2) to (9) of that section, or
the public have access to it under subsection (1) of section 55 of the Historic Environment (Wales) Act 2023 (public access to monuments under public control) or would have access to it under that subsection but for any of the things mentioned in paragraphs (a) to (c) of that subsection.
Where a local or private Act or a scheme made under Part I of the Commons Act 1899 confers on the inhabitants of a particular district or neighbourhood (however described) a right of access to any land for the purposes of open-air recreation (however described), the right of access exercisable by those inhabitants in relation to that land is by virtue of this subsection exercisable by members of the public generally.
Subject to the provisions of this section, a person who, in respect of any land, holds—may, by taking such steps as may be prescribed, dedicate the land for the purposes of this Part, whether or not it would be access land apart from this section.
the fee simple absolute in possession, or
a legal term of years absolute of which not less than 90 years remain unexpired,
Where any person other than the person making the dedication holds—the dedication must be made jointly with that other person, in such manner as may be prescribed, or with his consent, given in such manner as may be prescribed.
any leasehold interest in any of the land to be dedicated, or
such other interest in any of that land as may be prescribed,
Where a person makes a dedication under this section in respect of land within subsection (2B), that dedication may also dedicate the land as coastal margin.
The land within this subsection is—
land which is coastal margin, and
any other land in England which is adjacent to land which is coastal margin.
Where land is dedicated as coastal margin—
in the case of land within subsection (2B)(b), it is to be treated as coastal margin for the purposes of any provision made by or by virtue of this Part (other than section 1), and
if—it is to be treated for the purposes of any provision made by or by virtue of this Part as if it were not excepted land.
disregarding this paragraph, it would be excepted land, and
it is not land which is accessible to the public by virtue of any enactment or rule of law (other than this Act),
In relation to a dedication under this section by virtue of subsection (1)(b), the reference in subsection (2)(a) to a leasehold interest does not include a reference to a leasehold interest superior to that of the person making the dedication.
A dedication made under this section by virtue of subsection (1)(b) shall have effect only for the remainder of the term held by the person making the dedication.
Schedule 2 to the Forestry Act 1967 (power for tenant for life and others to enter into forestry dedication covenants) applies to dedications under this section as it applies to forestry dedication covenants.
Regulations may—
prescribe the form of any instrument to be used for the purposes of this section,
enable a dedication under this section to include provision removing or relaxing any of the general restrictions in Schedule 2 in relation to any of the land to which the dedication relates,
enable a dedication previously made under this section to be amended by the persons by whom a dedication could be made, so as to remove or relax any of those restrictions in relation to any of the land to which the dedication relates, ...
in the case of land within subsection (2B), enable a dedication previously made under this section in respect of the land (otherwise than by virtue of subsection (2A)) to be amended, by the persons by whom a dedication could be made, so as to provide that the land is dedicated as coastal margin for the purposes of subsection (2C),
provide for any exclusion or restriction under Chapter 2 of access by virtue of section 2(1) which has effect in relation to land which is within subsection (2B)(b) immediately before it is dedicated as coastal margin to cease to have effect at the time the dedication takes effect, and
require any dedication under this section, or any amendment of such a dedication by virtue of paragraph (c), to be notified to the appropriate countryside body and to the access authority.
A dedication under this section is irrevocable and, subject to subsection (4), binds successive owners and occupiers of, and other persons interested in, the land to which it relates, but nothing in this section prevents any land from becoming excepted land.
A dedication under this section is a local land charge.
Miscellaneous provisions relating to right of access
An access authority may, as respects access land in their area, make byelaws—
for the preservation of order,
for the prevention of damage to the land or anything on or in it, and
for securing that persons exercising the right conferred by section 2(1) so behave themselves as to avoid undue interference with the enjoyment of the land by other persons.
Byelaws under this section may relate to all the access land in the area of the access authority or only to particular land.
Before making byelaws under this section, the access authority shall consult—
the appropriate countryside body, and
any local access forum established for an area to which the byelaws relate.
Byelaws under this section shall not interfere—
with the exercise of any public right of way,
with any authority having under any enactment functions relating to the land to which the byelaws apply, or
with the provision of an electronic communications code network or the exercise of any right conferred by or in accordance with the electronic communications code on the operator of any such network.
Sections 236 to 238 of the Local Government Act 1972 (which relate to the procedure for making byelaws, authorise byelaws to impose fines not exceeding level 2 on the standard scale, and provide for the proof of byelaws in legal proceedings) apply to all byelaws under this section made by an access authority in England whether or not the authority making them is a local authority within the meaning of that Act.
Sections 7, 8, 10 and 19 of the Local Government Byelaws (Wales) Act 2012 apply to all byelaws under this section made by an access authority in Wales.
The confirming authority in relation to byelaws made under this section is—
as respects England, the Secretary of State, and
as respects Wales, the National Assembly for Wales.
Byelaws under this section relating to any land—
may not be made unless the land is access land or the access authority are satisfied that it is likely to become access land, and
may not be confirmed unless the land is access land.
Any access authority having power under this section to make byelaws also have power to enforce byelaws made by them; and any county council or district or parish council may enforce byelaws made under this section by another authority as respects land in the area of the council.
An access authority or a district council may appoint such number of persons as may appear to the authority making the appointment to be necessary or expedient, to act as wardens as respects access land in their area.
As respects access land in an area for which there is a local access forum, an access authority shall, before they first exercise the power under subsection (1) and thereafter from time to time, consult the local access forum about the exercise of that power.
Wardens may be appointed under subsection (1) for the following purposes—
to enforce any exclusion imposed under Chapter II,
in relation to the right conferred by section 2(1), to advise and assist the public and persons interested in access land,
to perform such other duties (if any) in relation to access land as the authority appointing them may determine.
For the purpose of exercising any function conferred on him by or under this section, a warden appointed under subsection (1) may enter upon any access land.
A warden appointed under subsection (1) shall, if so required, produce evidence of his authority before entering any access land in the exercise of the power conferred by subsection (4), and shall also produce evidence of his authority while he remains on the access land, if so required by any person.
Except as provided by subsection (4), this section does not authorise a warden appointed under subsection (1), on land in which any person other than the authority who appointed him has an interest, to do anything which apart from this section would be actionable at that person’s suit by virtue of that interest.
An access authority may erect and maintain—
notices indicating the boundaries of access land and excepted land, and
notices informing the public of—
the effect of the general restrictions in Schedule 2,
the exclusion or restriction under Chapter II of access by virtue of section 2(1) to any land, and
any other matters relating to access land or to access by virtue of section 2(1) which the access authority consider appropriate.
Before erecting a notice on any land under subsection (1) the access authority shall, if reasonably practicable, consult the owner or occupier of the land.
An access authority may also, as respects any access land in their area, defray or contribute towards, or undertake to defray or contribute towards, expenditure incurred or to be incurred in relation to the land by any person in displaying such notices as are mentioned in subsection (1)(a) and (b).
In the case of access land that is coastal margin, the powers conferred on an access authority by this section are also exercisable by Natural England.
In relation to England, it shall be the duty of Natural England to issue, and from time to time revise, a code of conduct for the guidance of persons exercising the right conferred by section 2(1) and of persons interested in access land, and to take such other steps as appear to them expedient for securing—
that the public are informed of the situation and extent of, and means of access to, access land, ...
that the public and persons interested in access land are informed of their respective rights and obligations—
under this Part, and
with regard to public rights of way on, and nature conservation in relation to, access land, and
that, in relation to access land which is coastal margin, the public are informed that the right conferred by section 2(1) does not affect any other right of access that may exist in relation to that land.
The duty imposed by subsection (1) to issue and revise a code of conduct may be discharged, in relation to access land which is coastal margin, by (or in part by) issuing and revising a separate code relating to such access land only.
In relation to Wales, it shall be the duty of the Natural Resources Body for Wales to issue, and from time to time revise, a code of conduct for the guidance of persons exercising the right conferred by section 2(1) and of persons interested in access land, and to take such other steps as appear to them expedient for securing the results mentioned in paragraphs (a) and (b) of subsection (1).
A code of conduct issued by Natural England or the Natural Resources Body for Wales may include provisions in pursuance of subsection (1) or (2) and in pursuance of section 86(1) of the National Parks and Access to the Countryside Act 1949.
The powers conferred by subsections (1) and (2) include power to contribute towards expenses incurred by other persons.
References in this Chapter to the exclusion or restriction of access to any land by virtue of section 2(1) are to be interpreted in accordance with subsections (2) and (3).
A person excludes access by virtue of subsection (1) of section 2 to any land where he excludes the application of that subsection in relation to that land.
A person restricts access by virtue of subsection (1) of section 2 to any land where he provides that the right conferred by that subsection—
is exercisable only along specified routes or ways,
is exercisable only after entering the land at a specified place or places,
is exercisable only by persons who do not take dogs on the land, or
is exercisable only by persons who satisfy any other specified conditions.
In this Chapter, except section 23(1), “owner”, in relation to land which is subject to a farm business tenancy within the meaning of the Agricultural Tenancies Act 1995 or a tenancy to which the Agricultural Holdings Act 1986 applies, means the tenant under that tenancy.
Subject to subsection (6), in this Chapter “the relevant authority”—
in relation to any land which is coastal margin, means Natural England,
in relation to any land (other than coastal margin) in a National Park, means the National Park authority, and
in relation to any other land, means the appropriate countryside body.
Where—the Forestry Commissioners shall as from that date become the relevant authority in relation to that land for those purposes, but subject to subsection (7).
it appears to the Forestry Commissioners that any land in England which is dedicated for the purposes of this Part under section 16 (other than land which is coastal margin) consists wholly or predominantly of woodland, and
the Forestry Commissioners give to the body who are apart from this subsection the relevant authority for the purposes of this Chapter in relation to the land a notice stating that the Forestry Commissioners are to be the relevant authority for those purposes as from a date specified in the notice,
Where—the Natural Resources Body for Wales shall as from that date become the relevant authority in relation to that land for those purposes, but subject to subsection (7A).
it appears to the Natural Resources Body for Wales that any land in a National Park in Wales which is dedicated for the purposes of this Part under section 16 consists wholly or predominantly of woodland, and
the Natural Resources Body for Wales give to the relevant National Park Authority who are apart from this subsection the relevant authority for the purposes of this Chapter in relation to the land a notice stating that the Natural Resources Body for Wales are to be the relevant authority for those purposes as from a date specified in the notice,
Where it appears to the Forestry Commissioners that any land in England in relation to which they are by virtue of subsection (6) the relevant authority for the purposes of this Chapter has ceased to consist wholly or predominantly of woodland, the Forestry Commissioners may, by giving notice to the body who would apart from subsection (6) be the relevant authority, revoke the notice under subsection (6) as from a date specified in the notice under this subsection.
Where it appears to the Natural Resources Body for Wales that any land in relation to which they are by virtue of subsection (6A) the relevant authority for the purposes of this Chapter has ceased to consist wholly or predominantly of woodland, the Natural Resources Body for Wales may, by giving notice to the National Park Authority who would apart from subsection (6A) be the relevant authority, revoke the notice under subsection (6A) as from a date specified in the notice under this subsection.
Where there is access to an area of coastal margin by virtue of section 2(1), Natural England may—to exercise in relation to the land such of Natural England’s functions under this Chapter as Natural England may specify.
if the land is in a National Park, authorise the National Park authority, or
if the land consists wholly or predominantly of woodland, authorise the Forestry Commissioners,
An authorisation given for the purposes of subsection (8) may be—and may be revoked at any time by Natural England.
for a period specified in the authorisation, or
for an indefinite period,
The number of days on which any entitled person excludes or restricts under this section access by virtue of section 2(1) to any land must not in any calendar year exceed the relevant maximum.
In this section “entitled person”, in relation to any land, means—
the owner of the land, and
any other person having an interest in the land and falling within a prescribed description.
Subject to subsection (5), in this section “the relevant maximum” means twenty-eight.
If regulations are made under subsection (3)(b), the regulations must provide that, in cases where there are two or more entitled persons having different interests in the land, the relevant maximum in relation to each of them is to be determined in accordance with the regulations, but so that the number of days on which access by virtue of section 2(1) to any land may be excluded or restricted under this section in any calendar year does not exceed twenty-eight.
An entitled person may not under this section exclude or restrict access by virtue of section 2(1) to any land on—
Christmas Day or Good Friday, or
any day which is a bank holiday under the Banking and Financial Dealings Act 1971 in England and Wales.
An entitled person may not under this section exclude or restrict access by virtue of section 2(1) to any land—
on more than four days in any calendar year which are either Saturday or Sunday,
on any Saturday in the period beginning with 1st June and ending with 11th August in any year,
on any Sunday in the period beginning with 1st June and ending with 30th September in any year.
Regulations may provide that any exclusion or restriction under subsection (1) of access by virtue of section 2(1) to any land must relate to an area of land the boundaries of which are determined in accordance with the regulations.
Nothing in this section applies in relation to land which is coastal margin.
The owner of any land consisting of moor managed for the breeding and shooting of grouse may, so far as appears to him to be necessary in connection with the management of the land for that purpose, by taking such steps as may be prescribed, provide that, during a specified period, the right conferred by section 2(1) is exercisable only by persons who do not take dogs on the land.
The owner of any land may, so far as appears to him to be necessary in connection with lambing, by taking such steps as may be prescribed, provide that during a specified period the right conferred by section 2(1) is exercisable only by persons who do not take dogs into any field or enclosure on the land in which there are sheep.
In subsection (2) “field or enclosure” means a field or enclosure of not more than 15 hectares.
As respects any land—
any period specified under subsection (1) may not be more than five years,
not more than one period may be specified under subsection (2) in any calendar year, and that period may not be more than six weeks.
A restriction imposed under subsection (1) or (2) does not prevent a blind person from taking with him a trained guide dog, or a deaf person from taking with him a trained hearing dog.
Nothing in this section applies in relation to land which is coastal margin.
The relevant authority may by direction, on an application made by a person interested in any land, exclude or restrict access to that land by virtue of section 2(1) during a specified period, if the authority are satisfied that the exclusion or restriction under this section of access by virtue of section 2(1) to the extent provided by the direction is necessary for the purposes of the management of the land by the applicant. The relevant authority may make a land management direction in relation to any land (“the designated land”).
The relevant authority may exercise their powers under subsection (1)—
in any case, on the application of any person interested in the designated land, and
if the designated land is coastal margin, without any such application having been made.
A land management direction is a direction which—
where the designated land is coastal margin—
excludes or restricts access to the designated land during a specified period, or
authorises a specified person to exclude or restrict in the manner specified in the direction access to the designated land, or to such part or parts of that land as the specified person may determine in accordance with the direction, during a specified period, and
in any other case, excludes or restricts access to the designated land during a specified period.
The relevant authority may not make a land management direction unless—
in the case of a direction within subsection (1B)(a), they are satisfied that the exclusion or restriction under this section of access to the designated land to the extent provided for in or by the direction is necessary for the purposes of the management of the designated land or any adjoining land;
in the case of a direction within subsection (1B)(b), they are satisfied that the exclusion or restriction under this section of access to the designated land to the extent provided by the direction is necessary for the purposes of the management of the land by the applicant.
Before making a land management direction under subsection (1B)(a) in a case where an application has not been made under subsection (1A)(a), the relevant authority must take reasonable steps to consult any person who—
holds an estate in fee simple absolute in possession in the designated land (or any part of it),
holds a term of years absolute in that land (or any part of it), or
is in lawful occupation of that land (or any part of it).
Subsection (1D) does not apply if the direction is made in accordance with section 55F(2) of the National Parks and Access to the Countryside Act 1949 (directions set out in report approving proposals for English coastal route).
The reference in subsection (1B)(a) to a specified period includes a reference to—
a specified period in every calendar year;
a period which is to be determined by the relevant authority in accordance with the direction;
a period which is to be determined by a specified person in accordance with the direction and, where the direction so requires, notified to the relevant authority by the specified person in accordance with the direction;
an indefinite period.
The reference in subsection (1) subsection (1B)(b) to a specified period includes a reference to—
a specified period in every calendar year, or
a period which is to be—
determined by the applicant in accordance with the direction, and
notified by him to the relevant authority in accordance with regulations under section 32(1)(d).
In determining whether to any extent the exclusion or restriction under this section of access by virtue of section 2(1) during any period is necessary for the purposes of land management, the relevant authority shall have regard to—
the existence of the right conferred by section 22,
the extent to which the applicant has exercised or proposes to exercise that right, and
the purposes for which he has exercised or proposes to exercise it.
Where an application under this section relates to land which is not access land at the time when the application is made, the relevant authority shall not give a direction under this section unless they are satisfied that it is likely that the land will be access land during all or part of the period to which the application relates.
Subsections (3) and (4) do not apply in relation to land management directions under subsection (1B)(a).
In this section references to access to land are to access by virtue of section 2(1).
The relevant authority may by direction exclude or restrict access by virtue of section 2(1) in relation to any land during a specified period if the authority are satisfied—
that, by reason of any exceptional conditions of weather or any exceptional change in the condition of the land, the exclusion or restriction under this section of access to the land by virtue of section 2(1) to the extent provided by the direction is necessary for the purpose of fire prevention, or
that, by reason of anything done, or proposed to be done, on the land or on adjacent land, the exclusion or restriction under this section of access to the land by virtue of section 2(1) to the extent provided by the direction is necessary for the purpose of avoiding danger to the public.
Subsection (1)(a) does not apply in relation to land which is coastal margin if it is—
land over which the line of an approved section of the English coastal route, an official alternative route or a temporary route passes, or
land which is adjacent to and within 2 metres either side of such a line.
The reference in subsection (1) to a specified period includes a reference to—
a specified period in every calendar year, and
a period which is to be—
determined by a specified person in accordance with the direction, and
notified by him to the relevant authority in accordance with regulations under section 32(1)(d)., and
in the case of a direction relating to land which is coastal margin, a period which is to be determined by a specified person in accordance with the direction and, where the direction so requires, notified to the relevant authority by the specified person in accordance with the direction.
The relevant authority may exercise their powers under subsection (1) on the application of any person interested in the land, or without any such application having been made.
In determining on an application made by a person interested in the land whether the condition in subsection (1)(a) or (b) is satisfied, the relevant authority shall have regard to—
the existence of the right conferred by section 22,
the extent to which the applicant has exercised or proposes to exercise that right, and
the purposes for which he has exercised or proposes to exercise it.
Where an application under this section relates to land which is not access land at the time when the application is made, the relevant authority shall not give a direction under this section unless they are satisfied that it is likely that the land will be access land during all or part of the period to which the application relates.
Nothing in subsection (4) or (5) applies in relation to land which is coastal margin.
In this section—“approved section of the English coastal route” means a route (other than an official alternative route) in relevant approved proposals (within the meaning of section 3A);“official alternative route” has the meaning given by section 55J of the National Parks and Access to the Countryside Act 1949;“temporary route” means a route for the time being having effect by virtue of a direction under section 55I of that Act
The relevant authority may by direction exclude or restrict access to any land which is coastal margin consisting of salt marsh or flat if the authority are satisfied that the exclusion or restriction under this section of access to the land to the extent provided by the direction is necessary because the land, or any part of the land, is unsuitable for public access.
A direction under subsection (1) may be expressed to have effect—
during a period specified in the direction,
during a specified period in every calendar year,
during a period which is to be determined by the relevant authority in accordance with the direction,
during a period which is to be determined by a specified person in accordance with the direction and, where the direction so requires, notified to the relevant authority by the specified person in accordance with the direction, or
indefinitely.
In this section a reference to “access” to land means access by virtue of section 2(1).
The relevant authority may by direction exclude or restrict access by virtue of section 2(1) to any land during any period if they are satisfied that the exclusion or restriction of access by virtue of section 2(1) to the extent provided by the direction is necessary for either of the purposes specified in subsection (3).
A direction under subsection (1) may be expressed to have effect—
during a period specified in the direction,
during a specified period in every calendar year, or
during a period which is to be—
determined by a specified person in accordance with the direction, and
notified by him to the relevant authority in accordance with regulations under section 32(1)(d), or
in the case of land which is coastal margin, during a period which is to be determined by a specified person in accordance with the direction and, where the direction so requires, notified to the relevant authority by the specified person in accordance with the direction, or
indefinitely.
The purposes referred to in subsection (1) are—
the purpose of conserving flora, fauna or geological or physiographical features of the land in question;
the purpose of preserving—
any scheduled monument as defined by section 1(11) of the Ancient Monuments and Archaeological Areas Act 1979 or section 3 of the Historic Environment (Wales) Act 2023, or
any other structure, work, site, garden or area which is of historic, architectural, traditional, artistic or archaeological interest.
In considering whether to give a direction under this section, the relevant authority shall have regard to any advice given to them by the relevant advisory body.
Subsection (4) does not apply if the direction is made in accordance with section 55F(2) of the National Parks and Access to the Countryside Act 1949 (directions set out in report approving proposals for English coastal route).
Subsection (4) does not apply where the direction is given by the Natural Resources Body for Wales for the purpose specified in subsection (3)(a) or revokes a direction given by them for that purpose.
In this section “the relevant advisory body”—
in relation to a direction which is to be given for the purpose specified in subsection (3)(a) or which revokes a direction given for that purpose, means—
in the case of land in England in respect of which Natural England is not the relevant authority, Natural England, and
in the case of land in Wales in respect of which the Natural Resources Body for Wales are not the relevant authority, the Natural Resources Body for Wales, and
in relation to a direction which is to be given for the purpose specified in subsection (3)(b) or which revokes a direction given for that purpose, means—
in the case of land in England, the Historic Buildings and Monuments Commission for England, and
in the case of land in Wales, the National Assembly for Wales.
indefinitely, or
during a period which exceeds, or may exceed, six months,
indefinitely,
for part of every year or of each of six or more consecutive calendar years, or
for a specified period of more than five years,
In subsection (3) “the relevant date”, in relation to a direction, means—
the day on which the direction was given, or
where it has already been reviewed, the day on which it was last reviewed.
where the original applicant still holds the interest in the land which he held when he applied for the direction and it is reasonably practicable to consult him, consult the original applicant, and
where the original applicant does not hold that interest, consult any person who holds that interest and with whom consultation is reasonably practicable.
Subsection (1) does not apply if the direction is made in accordance with section 55F(2) of the National Parks and Access to the Countryside Act 1949 (directions set out in report approving proposals for English coastal route).
Nothing in subsection (5) or (6) has effect in relation to a direction ceasing to have effect by virtue of section 3A(7) (pre-existing directions ceasing to have effect at end of access preparation period for coastal margin).
The Secretary of State may by direction exclude or restrict access by virtue of section 2(1) to any land during any period if he is satisfied that the exclusion or restriction of such access to the extent provided by the direction is necessary for the purposes of defence or national security.
A direction under subsection (1) may be expressed to have effect—
during a period specified in the direction,
during a specified period in every calendar year,
during a period which is to be—
determined in accordance with the direction by a person authorised by the Secretary of State, and
notified by that person to the relevant authority in accordance with regulations under section 32(1)(c), or
indefinitely.
Any direction given by the Secretary of State under this section may be revoked or varied by a subsequent direction.
Where a direction given under this section in relation to any land excludes or restricts access to the land—the Secretary of State shall review the direction not later than the fifth anniversary of the relevant date.
indefinitely,
for part of every year or of each of six or more consecutive calendar years, or
for a specified period of more than five years,
In subsection (4) “the relevant date”, in relation to a direction, means—
the day on which the direction was given, or
where it has previously been reviewed, the day on which it was last reviewed.
If in any calendar year the Secretary of State reviews a defence direction, he shall—
prepare a report on all reviews of defence directions which he has undertaken during that year, and
lay a copy of the report before each House of Parliament.
In subsection (6) “defence direction” means a direction given under this section for the purposes of defence.
Subsections (2) and (3) apply where—
in any respect, the relevant authority decide not to act in accordance with that advice.
The relevant advisory body may refer the decision—
in the case of land in England, to the Secretary of State, or
in the case of land in Wales, to the National Assembly for Wales.
On a reference under this section the Secretary of State or the National Assembly for Wales may, if he or it thinks fit—
cancel any direction given by the relevant authority, or
require the relevant authority to give such direction under section 26 as the Secretary of State or, as the case may be, the Assembly, think fit.
In this section—. . .“the relevant advisory body” has the same meaning as in section 26, except that it does not include the National Assembly for Wales.
Subsections (2) and (3) apply where—
a person interested in any land (in this section referred to as “the applicant”)—
has made representations on being consulted under section 27(5), but
in any respect, the relevant authority decide not to act in accordance with the application or the representations.
The relevant authority shall inform the applicant of their reasons for not acting in accordance with the application or representations.
The applicant may appeal against the decision—
in the case of land in England, to the Secretary of State, or
in the case of land in Wales, to the National Assembly for Wales.
On appeal under this section the Secretary of State or the National Assembly for Wales may, if he or it thinks fit—
cancel any direction given by the relevant authority, or
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Regulations may make provision enabling the relevant authority, where the authority are satisfied that an emergency has arisen which makes the exclusion or restriction of access by virtue of section 2(1) necessary for any of the purposes specified in section 24(1), 25(1) or 26(3), by direction to exclude or restrict such access in respect of any land for a period not exceeding three months. Regulations may make provision enabling the relevant authority—
where the authority are satisfied that an emergency has arisen which makes the exclusion or restriction of access by virtue of section 2(1) necessary for any of the purposes specified in section 24(1C)(b), 25(1) or 26(3), by direction to exclude or restrict such access, in respect of any land, for a period not exceeding three months, or
where the authority are satisfied that an emergency has arisen which makes the exclusion or restriction of access by virtue of section 2(1) necessary for any of the purposes specified in section 24(1C)(a), by direction to exclude or restrict such access, in respect of any land which is coastal margin, for a period not exceeding three months.
Nothing in subsection (1) authorises regulations to make provision which enables the relevant authority to exclude or restrict access, for the purposes specified in subsection (1)(a) of section 25, in respect of any land which is coastal margin and is within subsection (1A)(a) or (b) of that section.
Regulations under this section may provide for any of the preceding provisions of this Chapter to apply in relation to a direction given under the regulations with such modifications as may be prescribed.
Regulations may make provision—
as to the giving of notice under section 22(1),
as to the giving of notice for the purposes of section 24(2)(b)(ii), 25(2)(b)(ii), 26(2)(c)(ii) or 28(2)(c)(ii),
prescribing the form of any notice or application referred to in paragraphs (a) to (d),
as to requirements to be met by relevant authorities or the Secretary of State in relation to consultation (whether or not required by the preceding provisions of this Chapter),
as to the giving of directions by relevant authorities or the Secretary of State,
as to notification by relevant authorities or the Secretary of State of decisions under this Chapter,
as to steps to be taken by persons interested in land, by relevant authorities, by the bodies specified in section 26(6) or by the Secretary of State for informing the public about the exclusion or restriction under this Chapter of access by virtue of section 2(1), including the display of notices on or near the land to which the exclusion or restriction relates,
as to the period within which and manner in which appeals under section 30 are to be brought,
as to the advertising of such an appeal, and
as to the manner in which such appeals are to be considered.
Regulations made under subsection (1)(k) may provide for any of the provisions of this Chapter relating to appeals to apply (with or without modifications) on a review under section 27.
Subject to subsection (3), Natural England may issue guidance—
to National Park authorities in England with respect to the discharge by National Park authorities of their functions under this Chapter, and
to the Forestry Commissioners with respect to the discharge by the Forestry Commissioners of any functions conferred on them by virtue of section 21(6) in relation to land in England.
Subject to subsection (3), the Natural Resources Body for Wales may issue guidance—
to National Park authorities in Wales with respect to the discharge by National Park authorities of their functions under this Chapter, ...
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Natural England or the Natural Resources Body for Wales may not issue any guidance under this section unless the guidance has been approved—
in the case of Natural England, by the Secretary of State, and
in the case of the Natural Resources Body for Wales, by the National Assembly for Wales.
Where Natural England or the Natural Resources Body for Wales issue any guidance under this section, they shall arrange for the guidance to be published in such manner as they consider appropriate.
A National Park authority or the Forestry Commissioners shall have regard to any guidance issued to them under this section.
In this Chapter—“access land” does not include any land in relation to which the application of section 2(1) has been excluded under any provision of Chapter II either indefinitely or for a specified period of which at least six months remain unexpired;“means of access”, in relation to land, means—any opening in a wall, fence or hedge bounding the land (or part of the land), with or without a gate, stile or other works for regulating passage through the opening, any stairs or steps for enabling persons to enter on the land (or part of the land), or any bridge, stepping stone or other works for crossing a watercourse, ditch or bog on the land or adjoining the boundary of the land.
Where, in respect of any access land, it appears to the access authority that—
the opening-up, improvement or repair of any means of access to the land,
the construction of any new means of access to the land,
the maintenance of any means of access to the land, or
the imposition of restrictions—is necessary for giving the public reasonable access to that land in exercise of the right conferred by section 2(1), the access authority may enter into an agreement with the owner or occupier of the land as to the carrying out of the works or the imposition of the restrictions.
on the destruction, removal, alteration or stopping-up of any means of access to the land, or
on the doing of any thing whereby the use of any such means of access to the land by the public would be impeded,
An agreement under this section may provide—
for the carrying out of works by the owner or occupier or by the access authority, and
for the making of payments by the access authority—
as a contribution towards, or for the purpose of defraying, costs incurred by the owner or occupier in carrying out any works for which the agreement provides, or
in consideration of the imposition of any restriction.
If the owner or occupier of any access land fails to carry out within the required time any works which he is required by an agreement under section 35 to carry out, the access authority, after giving not less than twenty-one days’ notice of their intention to do so, may take all necessary steps for carrying out those works.
In subsection (1) “the required time” means the time specified in, or determined in accordance with, the agreement as that within which the works must be carried out or, if there is no such time, means a reasonable time.
If the owner or occupier of any access land fails to observe any restriction which he is required by an agreement under section 35 to observe, the access authority may give him a notice requiring him within a specified period of not less than twenty-one days to carry out such works as may be specified in the notice, for the purpose of remedying the failure to observe the restriction.
A notice under subsection (3) must contain particulars of the right of appeal conferred by section 38.
If the person to whom a notice under subsection (3) is given fails to comply with the notice, the access authority may take all necessary steps for carrying out any works specified in the notice.
Where the access authority carry out any works by virtue of subsection (1), the authority may recover the amount of any expenses reasonably incurred by them in carrying out the works, reduced by their contribution under the agreement, from the person by whom under the agreement the cost (apart from the authority’s contribution) of carrying out the works would fall to be borne.
Where the access authority carry out any works by virtue of subsection (5), the authority may recover the amount of any expenses reasonably incurred by them in carrying out the works from the person to whom the notice under subsection (3) was given.
Where, in respect of any access land—the access authority may, subject to subsection (3), give the owner or occupier a notice stating that, after the end of a specified period of not less than twenty-one days, the authority intend to take all necessary steps for carrying out the works specified in the notice for the opening-up, improvement, repair, construction or maintenance of the means of access.
it appears to the access authority that—is necessary for giving the public reasonable access to that land, or to other access land, in pursuance of the right conferred by section 2(1), and
the opening-up, improvement or repair of any means of access to the land,
the construction of any new means of access to the land, or
the maintenance of any means of access to the land,
the access authority are satisfied that they are unable to conclude on reasonable terms an agreement under section 35 with the owner or occupier of the land for the carrying out of the works,
A notice under subsection (1) must contain particulars of the right of appeal conferred by section 38.
Where a notice under subsection (1) is given to any person as the owner or occupier of any land, the access authority shall give a copy of the notice to every other owner or occupier of the land.
An access authority exercising the power conferred by subsection (1) in relation to the provision of a means of access shall have regard to the requirements of efficient management of the land in deciding where the means of access is to be provided.
If, at the end of the period specified in a notice under subsection (1), any of the works specified in the notice have not been carried out, the access authority may take all necessary steps for carrying out those works.
in the case of land in England, to the Secretary of State, and
in the case of land in Wales, to the National Assembly for Wales.
An appeal against a notice under section 36(3) may be brought on any of the following grounds—
that the notice requires the carrying out of any works which are not necessary for remedying a breach of the agreement,
that any of the works have already been carried out, and
that the period specified in the notice as that before the end of which the works must be carried out is too short.
An appeal against a notice under section 37(1) may be brought on any of the following grounds—
that the notice requires the carrying out of any works which are not necessary for giving the public reasonable access to the access land in question,
in the case of works to provide a means of access, that the means of access should be provided elsewhere, or that a different means of access should be provided, and
that any of the works have already been carried out.
On an appeal under this section, the Secretary of State or the National Assembly for Wales may—
confirm the notice with or without modifications, or
cancel the notice.
Regulations may make provision as to—
the period within which and manner in which appeals under this section are to be brought,
the advertising of such an appeal, and
the manner in which such appeals are to be considered.
Where at any time two or more access notices relating to a means of access have been given to any person within the preceding thirty-six months, a magistrates’ court may, on the application of the access authority, order that person—
within such time as may be specified in the order, to take such steps as may be so specified to remove any obstruction of that means of access, and
not to obstruct that means of access at any time when the right conferred by section 2(1) is exercisable.
If a person (“the person in default”) fails to comply with an order under this section—
he is liable on summary conviction to a fine not exceeding level 3 on the standard scale, and
the access authority may remove any obstruction of the means of access and recover from the person in default the costs reasonably incurred by them in doing so.
A person who is authorised by the appropriate countryside body to do so may enter any land—
for the purpose of surveying it in connection with the preparation of any map under this Part or the review of any map issued under this Part,
for the purpose of determining whether any power conferred on the appropriate countryside body by Chapter II should be exercised in relation to the land,
for the purpose of ascertaining whether members of the public are being permitted to exercise the right conferred by section 2(1),
in connection with an appeal under any provision of this Part, or
for the purpose of determining whether to apply to the Secretary of State or the National Assembly for Wales under section 58.
A person who is authorised by a local highway authority to do so may enter any land—
for the purposes of erecting or maintaining notices under section 19(1).
A person who is authorised by a National Park authority to do so may enter any land—
for the purpose of enabling the authority to determine whether to exercise any power under Chapter II of this Act in relation to the land,
for the purpose of determining whether members of the public are being permitted to exercise the right conferred by section 2(1),
in connection with an appeal under any provision of this Part,
for the purposes of erecting or maintaining notices under section 19(1).
A person who is authorised by the Forestry Commissioners to do so may enter any land—
for the purpose of determining whether any power conferred on the Forestry Commissioners by Chapter II should be exercised in relation to the land, or
in connection with an appeal under any provision of this Part.
A person acting in the exercise of a power conferred by this section may—
use a vehicle to enter the land;
take a constable with him if he reasonably believes he is likely to be obstructed;
take with him equipment and materials needed for the purpose for which he is exercising the power of entry;
take samples of the land and of anything on it.
If in the exercise of a power conferred by this section a person enters land which is unoccupied or from which the occupier is temporarily absent, he must on his departure leave it as effectively secured against unauthorised entry as he found it.
A person authorised under this section to enter upon any land—
shall, if so required, produce evidence of his authority before entering, and
shall produce such evidence if required to do so at any time while he remains on the land.
A person shall not under this section demand admission as of right to any occupied land, other than access land, unless—
at least twenty-four hours’ notice of the intended entry has been given to the occupier, or
it is not reasonably practicable to give such notice, or
the entry is for the purpose specified in subsection (2)(b) and (3)(e).
The rights conferred by this section are not exercisable in relation to a dwelling.
A person who intentionally obstructs a person acting in the exercise of his powers under this section is guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.
It is the duty of a body by which an authorisation may be given under section 40 to compensate any person who has sustained damage as a result of—except where the damage is attributable to the fault of the person who sustained it.
the exercise of a power conferred by that section by a person authorised by that body to do so, or
the failure of a person so authorised to perform the duty imposed on him by subsection (6) of that section,
Any dispute as to a person’s entitlement to compensation under this section or as to its amount shall be referred to an arbitrator to be appointed, in default of agreement—
as respects entry on land in England, by the Secretary of State, and
as respects entry on land in Wales, by the National Assembly for Wales.
This section applies to any enactment which—
is contained in an Act passed before or in the same Session as this Act, and
relates to things done, or omitted to be done, in public places or places to which the public have access.
Regulations may provide that, in determining for the purposes of any specified enactment to which this section applies whether a place is a public place or a place to which the public have access, the right conferred by section 2(1), or access by virtue of that right, is to be disregarded, either generally or in prescribed cases.
This Part binds the Crown.
No contravention by the Crown of any provision of this Part shall make the Crown criminally liable; but the High Court may declare unlawful any act or omission of the Crown which constitutes such a contravention.
The provisions of this Part apply to persons in the public service of the Crown as they apply to other persons.
Any power to make an order or regulations which is conferred by this Part on the Secretary of State or the National Assembly for Wales is exercisable by statutory instrument.
Any power to make an order or regulations which is conferred by this Part on the Secretary of State or the National Assembly for Wales includes power—
to make different provision for different cases, and
to make such incidental, supplementary, consequential or transitional provision as the person making the order or regulations considers necessary or expedient.
Any statutory instrument containing regulations made by the Secretary of State under any other provision of this Part shall be subject to annulment in pursuance of a resolution of either House of Parliament.
In this Part, unless a contrary intention appears—“access authority” has the meaning given by section 1(2);“access land” has the meaning given by section 1(1);“the appropriate countryside body” has the meaning given by section 1(2);“coastal margin” has the meaning given by section 1(2);“excepted land” has the meaning given by section 1(2);“Inner London” means the area comprising the inner London boroughs, the City of London, the Inner Temple and the Middle Temple;“interest”, in relation to land, includes any estate in land and any right over land, whether the right is exercisable by virtue of the ownership of an estate or interest in land or by virtue of a licence or agreement, and in particular includes rights of common and sporting rights, and references to a person interested in land shall be construed accordingly;“livestock” means cattle, sheep, goats, swine, horses or poultry, and for the purposes of this definition “cattle” means bulls, cows, oxen, heifers or calves, “horses” include asses and mules, and “poultry” means domestic fowls, turkeys, geese or ducks;“local highway authority” has the same meaning as in the Highways Act 1980;“local or private Act” includes an Act confirming a provisional order;“mountain” has the meaning given by section 1(2);“open country” has the meaning given by section 1(2);“owner”, in relation to any land, means, subject to subsection (2), any person, other than a mortgagee not in possession, who, whether in his own right or as trustee for another person, is entitled to receive the rack rent of the land, or, where the land is not let at a rack rent, would be so entitled if it were so let;“prescribed” means prescribed by regulations;“registered common land” has the meaning given by section 1(3);“regulations” means regulations made by the Secretary of State (as respects England) or by the National Assembly for Wales (as respects Wales);“rights of common” has the same meaning as in the Commons Registration Act 1965 the Commons Act 2006;. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In relation to any land which is subject to a farm business tenancy within the meaning of the Agricultural Tenancies Act 1995 or a tenancy to which the Agricultural Holdings Act 1986 applies, the definition of “owner” in subsection (1) does not apply where it is excluded by section 2(5) or 21(4) or by paragraph 7(4) of Schedule 2.
For the purposes of this Part, the Broads are to be treated as a National Park and the Broads Authority as a National Park authority.
In subsection (3) “the Broads” has the same meaning as in the Norfolk and Suffolk Broads Act 1988.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
No access agreement or access order under Part V of the National Parks and Access to the Countryside Act 1949 (access to open country) may be made after the commencement of this subsection in relation to land which is open country or registered common land for the purposes of this Part.
Schedule 4 (which contains minor and consequential amendments relating to access to the countryside) has effect.
Public rights of way and road traffic
Public rights of way and definitive maps and statements
In the Wildlife and Countryside Act 1981 (in this Act referred to as “the 1981 Act”), section 54 (duty to reclassify roads used as public paths) shall cease to have effect.
Every way which, immediately before the commencement of this section, is shown in any definitive map and statement as a road used as a public path shall be treated instead as shown as a restricted byway; and the expression “road used as a public path” shall not be used in any definitive map and statement to describe any way.
Subject to subsections (2) and (3), the public shall have restricted byway rights over any way which, immediately before the commencement of section 47, is shown in a definitive map and statement as a road used as a public path.
Subsection (1) has effect subject to the operation of any enactment or instrument (whether coming into operation before or after the commencement of section 47), and to the effect of any event otherwise within section 53(3)(a) of the 1981 Act, whereby a highway—and subsection (1) applies accordingly to any way as so diverted, widened or extended.
is authorised to be stopped up, diverted, widened or extended, or
becomes a public path;
Subsection (1) does not apply to any way, or part of a way, over which immediately before the commencement of section 47 there was no public right of way.
In this Part—“restricted byway rights” means—a right of way on foot, a right of way on horseback or leading a horse, and a right of way for vehicles other than mechanically propelled vehicles; and“restricted byway” means a highway over which the public have restricted byway rights, with or without a right to drive animals of any description along the highway, but no other rights of way.
A highway at the side of a river, canal or other inland navigation is not excluded from the definition of “restricted byway” in subsection (4) merely because the public have a right to use the highway for purposes of navigation, if the highway would fall within that definition if the public had no such right over it.
Subsection (1) is without prejudice to any question whether the public have over any way, in addition to restricted byway rights, a right of way for mechanically propelled vehicles or any other right.
In subsections (4) and (6) “mechanically propelled vehicle” does not include a vehicle falling within paragraph (c) of section 189(1) of the Road Traffic Act 1988.
Every surveying authority shall take such steps as they consider expedient for bringing to the attention of the public the effect of section 47(2) and this section.
a relevant order made before the commencement of section 47, or
an application made before that commencement for a relevant order.
In subsection (9) “relevant order” means an order which relates to a way shown in a definitive map and statement as a road used as a public path and which—
is made under section 53 of the 1981 Act and contains modifications relating to that way by virtue of subsection (3)(c)(ii) of that section, or
is made under section 54 of the 1981 Act.
Where—all rights over that way which exist only by virtue of subsection (1) shall be extinguished when the Part III order takes effect.
by virtue of an order under subsection (3) of section 103 (“the commencement order”) containing such provision as is mentioned in subsection (5) of that section, an order under Part III of the 1981 Act (“the Part III order”) takes effect, after the commencement of section 47, in relation to any way which, immediately before that commencement, was shown in a definitive map and statement as a road used as a public path,
the commencement order does not prevent subsection (1) from having effect on that commencement in relation to that way, and
if the Part III order had taken effect before that commencement, that way would not have fallen within subsection (1),
Every way over which the public have restricted byway rights by virtue of subsection (1) of section 48 (whether or not they also have a right of way for mechanically propelled vehicles or any other right) shall, as from the commencement of that section, be a highway maintainable at the public expense.
As from the commencement of that section, any liability, under a special enactment (within the meaning of the Highways Act 1980) or by reason of tenure, enclosure or prescription, to maintain, otherwise than as a highway maintainable at the public expense, a restricted byway to which subsection (1) applies is extinguished.
Every way which, in pursuance of—is shown in any definitive map and statement as a byway open to all traffic, a bridleway or a footpath, shall continue to be maintainable at the public expense.
paragraph 9 of Part III of Schedule 3 to the Countryside Act 1968, or
Nothing in subsections (1) and (3) or in section 48(1) obliges a highway authority to provide on any way a metalled carriage-way or a carriage-way which is by any other means provided with a surface suitable for cycles or other vehicles.
Restricted byway rights over any way by virtue of subsection (1) of section 48 are subject to any condition or limitation to which public rights of way over that way were subject immediately before the commencement of that section.
Any owner or lessee of premises adjoining or adjacent to a relevant highway shall, so far as is necessary for the reasonable enjoyment and occupation of the premises, have a right of way for vehicular and all other kinds of traffic over the relevant highway.
In subsection (2), in its application to the owner of any premises, “relevant highway” means so much of any highway maintainable at the public expense by virtue of section 49(1) as was, immediately before it became so maintainable, owned by the person who then owned the premises.
In subsection (2), in its application to the lessee of any premises, “relevant highway” means so much of any highway maintainable at the public expense by virtue of section 49(1) as was, immediately before it became so maintainable, included in the lease on which the premises are held.
In this section—“lease” and “lessee” have the same meaning as in the 1980 Act;“owner”, in relation to any premises, means a person, other than a mortgagee not in possession, who is for the time being entitled to dispose of the fee simple of the premises, whether in possession or in reversion, and “owned” shall be construed accordingly; and“premises” has the same meaning as in the 1980 Act.
Schedule 5 to this Act (which contains amendments relating to definitive maps and statements and restricted byways) has effect.
The Secretary of State may by regulations—
provide for any relevant provision which relates—not to apply, or to apply with or without modification, in relation to restricted byways or to ways shown in a definitive map and statement as restricted byways, and
to highways or highways of a particular description,
to things done on or in connection with highways or highways of a particular description, or
to the creation, stopping up or diversion of highways or highways of a particular description,
In this section—“relevant provision” means a provision contained—in an Act passed before or in the same Session as this Act, or in any subordinate legislation made before the passing of this Act;“relevant Welsh provision” means a provision contained—in a local or private Act passed before or in the same Session as this Act and relating only to areas in Wales, or in any subordinate legislation which was made before the passing of this Act and which the National Assembly for Wales has power to amend or revoke as respects Wales.
In exercising the power to make regulations under subsection (1), the Secretary of State—
may not make provision which has effect in relation to Wales unless he has consulted the National Assembly for Wales, and
may not without the consent of the National Assembly for Wales make any provision which (otherwise than merely by virtue of the amendment or repeal of a provision contained in an Act) amends or revokes subordinate legislation made by the Assembly.
The National Assembly for Wales may submit to the Secretary of State proposals for the exercise by the Secretary of State of the power conferred by subsection (1).
The powers conferred by subsection (1) may be exercised in relation to a relevant provision even though the provision is amended or inserted by this Act.
As respects Wales, the National Assembly for Wales may by regulations—
provide for any relevant Welsh provision which relates—not to apply, or to apply with or without modification, in relation to restricted byways or to ways shown in a definitive map and statement as restricted byways, and
to highways or highways of a particular description,
to things done on or in connection with highways or highways of a particular description, or
to the creation, stopping up or diversion of highways or highways of a particular description,
Regulations under this section shall be made by statutory instrument, but no such regulations shall be made by the Secretary of State unless a draft of the instrument containing them has been laid before, and approved by a resolution of, each House of Parliament.
Where the Secretary of State lays before Parliament the draft of an instrument containing regulations under subsection (1) in respect of which consultation with the National Assembly for Wales is required by subsection (3)(a), he shall also lay before each House of Parliament a document giving details of the consultation and setting out any representations received from the Assembly.
Subsection (2) applies to a highway in England if—
it was on 1st January 1949 a footpath or a bridleway, is on the cut-off date (in either case) a footpath or a bridleway, and between those dates has not been a highway of any other description,
it is not on the cut-off date shown in a definitive map and statement as a highway of any description, and
it is not on the cut-off date an excepted highway, as defined by section 54(1).
All public rights of way over a highway to which this subsection applies shall be extinguished immediately after the cut-off date.
Where a public right of way over land in England created before 1949—that right of way shall be extinguished immediately after the cut-off date.
falls within subsection (4) on the cut-off date, and
is not on that date an excepted right of way, as defined by section 54(5),
A public right of way falls within this subsection if it is—
a public right of way on horseback, leading a horse or for vehicles over a bridleway, restricted byway or byway open to all traffic which is shown in a definitive map and statement as a footpath;
a right for the public to drive animals of any description along a bridleway, restricted byway or byway open to all traffic which is shown in a definitive map and statement as a footpath;
a public right of way for vehicles over a restricted byway or byway open to all traffic which is shown in a definitive map and statement as a bridleway; or
a public right of way for mechanically propelled vehicles over a byway open to all traffic which is shown in a definitive map and statement as a restricted byway.
Where by virtue of subsection (3) a highway ceases to be a bridleway, the right of way created over it by section 30 of the Countryside Act 1968 (riding of pedal cycles on bridleways) is also extinguished.
In determining—any diversion, widening or extension of the highway on or after that date (and not later than the cut-off date) is to be treated as having occurred before 1st January 1949.
for the purposes of subsection (1) whether any part of a highway was on 1st January 1949 a footpath or bridleway, or
for the purposes of subsection (3) whether a public right of way over any part of a highway was created before 1st January 1949,
Where a way shown on the cut-off date in a definitive map and statement has at any time been diverted, widened or extended, it is to be treated for the purposes of subsections (1) to (5) as shown as so diverted, widened or extended, whether or not it is so shown.
In this section—“cut-off date” has the meaning given in section 56, and“mechanically propelled vehicle” does not include a vehicle falling within paragraph (c) of section 189(1) of the Road Traffic Act 1988.
A footpath or bridleway is an excepted highway for the purposes of section 53(1) if—
it is a footpath or bridleway which satisfies either of the conditions in subsections (2) and (3),
it is, or is part of, a footpath or bridleway any part of which is in an area which, immediately before 1st April 1965, formed part of the administrative county of London,
it is a footpath or bridleway—
at the side of (whether or not contiguous with) a carriageway constituting or comprised in another highway, or
between two carriageways comprised in the same highway (whether or not the footpath or bridleway is contiguous with either carriageway),
it is a footpath or bridleway of such other description as may be specified in regulations made by the Secretary of State, or
it is a footpath or bridleway so specified.
A footpath or bridleway (“the relevant highway”) satisfies the first condition if—and it communicates with a retained highway, either directly or by means of one or more footpaths or bridleways each of which forms part of the same highway as the relevant highway and each of which either falls within any of paragraphs (a) to (e) or satisfies the condition in subsection (3).
it became a footpath or bridleway on or after 1st January 1949 by the diversion, widening or extension of a footpath or, as the case may be, of a bridleway by virtue of an event within section 53(3)(a) of the 1981 Act,
it became a footpath on or after 1st January 1949 by the stopping up of a bridleway,
it was on 1st January 1949 a footpath and is on the cut-off date a bridleway,
it is so much of a footpath or bridleway as on or after 1st January 1949 has been stopped up as respects part only of its width, or
it is so much of a footpath or bridleway as passes over a bridge or through a tunnel,
A footpath or bridleway satisfies the second condition if—
it extends from a footpath or bridleway (“the relevant highway”) which—to, but not beyond, a retained highway, and
falls within any of paragraphs (a) to (e) of subsection (2), or
is an excepted highway by virtue of subsection (1)(c),
it forms part of the same highway as the relevant highway.
A retained highway for the purposes of subsections (2) and (3) is any highway over which, otherwise than by virtue of subsection (1)(a), section 53(2) does not extinguish rights of way.
A public right of way is an excepted right of way for the purposes of section 53(3) if—
it subsists over land over which there subsists on the cut-off date any public right of way created on or after 1st January 1949 otherwise than by virtue of section 30 of the Countryside Act 1968 (riding of pedal cycles on bridleways),
it subsists over the whole or part of a way any part of which is in an area which, immediately before 1st April 1965, formed part of the administrative county of London,
it is a public right of way of such other description as may be specified in regulations made by the Secretary of State, or
it subsists over land so specified.
Regulations under subsection (1)(d) or (e) or (5)(c) or (d) shall be made by statutory instrument, and a statutory instrument containing such regulations made by the Secretary of State shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Subject to subsections (2) and (3), the public shall, as from the day after the cut-off date, have a right of way on horseback or leading a horse over any way in England which—a footpath which is shown in a definitive map and statement as a bridleway.
was immediately before 1st January 1949 either a footpath or a bridleway, and
is, throughout the period beginning with the commencement of this section and ending with the cut-off date,
Subsection (1) has effect subject to the operation of any enactment or instrument (whether coming into operation before or after the cut-off date), and to the effect of any event otherwise within section 53(3)(a) of the 1981 Act, whereby a highway is authorised to be stopped up, diverted, widened or extended; and subsection (1) applies accordingly to any way as so diverted, widened or extended.
Subsection (1) does not apply in relation to any way which is, or is part of, a footpath any part of which is in an area which, immediately before 1st April 1965, formed part of the administrative county of London.
Any right of way over a way by virtue of subsection (1) is subject to any condition or limitation to which the public right of way on foot over that way was subject on the cut-off date.
Where—all rights over that way which exist only by virtue of subsection (1) shall be extinguished when the order takes effect.
by virtue of regulations under section 56(2) an order under Part III of the 1981 Act takes effect after the cut-off date in relation to any footpath which, at the cut-off date was shown in a definitive map and statement as a bridleway,
the regulations do not prevent subsection (1) from having effect after the cut-off date in relation to that footpath, and
if the order had taken effect before that date, that footpath would not have fallen within subsection (1),
In this section “cut-off date” has the meaning given in section 56.
The Secretary of State ... may make regulations—
substituting as the cut-off date for the purposes of those sections a date later than the date specified in subsection (1) or for the time being substituted under this paragraph;
containing such transitional provisions or savings as appear to the Secretary of State ... to be necessary or expedient in connection with the operation of those sections, including in particular their operation in relation to any way as respects which—
on the cut-off date an application for an order under section 53(2) of the 1981 Act is pending,
on that date an order under Part III of that Act has been made but not confirmed, or
after that date such an order or any provision of such an order is to any extent quashed.
Regulations under subsection (2)(a)—
may specify different dates for different areas; but
may not specify a date later than 1st January 2031, except as respects an area within subsection (4).
An area is within this subsection if it is in—
the Isles of Scilly, or
an area which, at any time before the repeal by section 73 of the 1981 Act of sections 27 to 34 of the National Parks and Access to the Countryside Act 1949—
was excluded from the operation of those sections by virtue of any provision of the 1949 Act, or
would have been so excluded but for a resolution having effect under section 35(2) of that Act.
Where by virtue of regulations under subsection (2) there are different cut-off dates for areas into which different parts of any highway extend, the cut-off date in relation to that highway is the later or latest of those dates.
Regulations under this section shall be made by statutory instrument, and a statutory instrument containing such regulations made by the Secretary of State shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Creation, stopping up and diversion of highways
The Highways Act 1980 (in this Act referred to as “the 1980 Act”) has effect subject to the amendments in Part I of Schedule 6 (which relate to the creation, stopping up and diversion of highways); and Part II of that Schedule (which contains consequential amendments of other Acts) has effect.
An application for the making of a public path creation order under section 26(2) of the 1980 Act may be made—
by Natural England to the Secretary of State, or
for the purpose of enabling the public to obtain access to any access land (within the meaning of Part 1) or of facilitating such access, by the Natural Resources Body for Wales to the National Assembly for Wales.
Before making a request under subsection (1), the body making the request shall have regard to any rights of way improvement plan prepared by any local highway authority whose area includes land over which the proposed footpath or bridleway would be created.
This section applies to any power to stop up or divert a highway of any description or to make or confirm an order authorising the stopping up or diversion of a highway of any description; and in the following provisions of this section—
“the relevant authority” means the person exercising the power, and
“the existing highway” means the highway to be stopped up or diverted.
Where the relevant authority is required (expressly or by implication) to consider—the relevant authority, in considering that question, is not to regard the fact that any land is access land in respect of which the right conferred by section 2(1) is exercisable as reducing the need for the existing highway, for the provision of an alternative highway or for the reservation of a public right of way.
whether the existing highway is unnecessary, or is needed for public use,
whether an alternative highway should be provided, or
whether any public right of way should be reserved,
Where—the relevant authority, in considering that question, is to have regard, in particular, to the extent to which the highway would be likely to be used by the public at any time when the right conferred by section 2(1) is not exercisable in relation to the access land.
the existing highway is situated on, or in the vicinity of, any access land, and
the relevant authority is required (expressly or by implication) to consider the extent (if any) to which the existing highway would, apart from the exercise of the power, be likely to be used by the public,
In this section “access land” has the same meaning as in Part I.
Rights of way improvement plans
Every local highway authority other than an inner London authority shall, within five years after the commencement of this section, prepare and publish a plan, to be known as a rights of way improvement plan, containing—
the authority’s assessment of the matters specified in subsection (2),
a statement of the action they propose to take for the management of local rights of way, and for securing an improved network of local rights of way, with particular regard to the matters dealt with in the assessment, and
such other material as the Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales) may direct.
The matters referred to in subsection (1)(a) are—
the extent to which local rights of way meet the present and likely future needs of the public,
the opportunities provided by local rights of way (and in particular by those within paragraph (a) of the definition in subsection (5)) for exercise and other forms of open-air recreation and the enjoyment of the authority’s area,
the accessibility of local rights of way to blind or partially sighted persons and others with mobility problems, and
such other matters relating to local rights of way as the Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales) may direct.
An authority by whom a rights of way improvement plan is published shall, not more than ten years after first publishing it and subsequently at intervals of not more than ten years—
make a new assessment of the matters specified in subsection (2), and
review the plan and decide whether to amend it.
On such a review the authority shall—
if they decide to amend the plan, publish it as amended, and
if they decide to make no amendments to it, publish a report of their decision and of their reasons for it.
In this section—“cycle track”—means a way over which the public have the following, but no other, rights of way, that is to say, a right of way on pedal cycles (other than pedal cycles which are motor vehicles within the meaning of the Road Traffic Act 1988) with or without a right of way on foot; but does not include a way in or by the side of a highway consisting of or comprising a made-up carriageway (within the meaning of the 1980 Act);“inner London authority” means Transport for London, the council of an inner London borough or the Common Council of the City of London;“local highway authority” has the same meaning as in the 1980 Act;“local rights of way” in relation to a local highway authority, means—the footpaths, cycle tracks, bridleways and restricted byways within the authority’s area, and the ways within the authority’s area which are shown in a definitive map and statement as restricted byways or byways open to all traffic.
In subsection (5) the definition of “local rights of way” has effect until the commencement of section 47 with the substitution for the references to restricted byways and to ways shown in a definitive map and statement as restricted byways of a reference to ways shown in a definitive map and statement as roads used as public paths.
Before preparing or reviewing a rights of way improvement plan, and in particular in making any assessment under section 60(1)(a) or (3)(a), a local highway authority shall consult—
each local highway authority whose area adjoins their area;
each district council, and each parish or community council, whose area is within their area;
the National Park authority for a National Park any part of which is within their area;
where any part of the Broads is within their area, the Broads Authority;
any local access forum established for their area or any part of it;
Natural England or the Natural Resources Body for Wales (as appropriate);
such persons as the Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales) may by regulations prescribe in relation to the local highway authority’s area; and
such other persons as the local highway authority may consider appropriate.
In preparing or amending a rights of way improvement plan, a local highway authority shall—
publish a draft of the plan or of the plan as amended,
publish, in two or more local newspapers circulating in their area, notice of how a copy of the draft can be inspected or obtained and how representations on it can be made to them, and
consider any representations made in accordance with the notice.
As regards their rights of way improvement plan, any draft plan on which representations may be made and any report under section 60(4)(b), a local highway authority shall—
keep a copy available for inspection free of charge at all reasonable times at their principal offices, and
supply a copy to any person who requests one, either free of charge or on payment of a reasonable charge determined by the authority.
Local highway authorities shall, in carrying out their functions under section 60 and this section, have regard to such guidance as may from time to time be given to them by the Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales).
A local highway authority may make arrangements with—for the functions of the local highway authority under section 60 and this section so far as relating to the area of that council or to the part of the Park within the local highway authority’s area, to be discharged jointly by the local highway authority and by that council or National Park authority.
any district council whose area is within their area, or
the National Park authority for a National Park any part of which is within their area,
Regulations under subsection (1)(g) shall be made by statutory instrument, and a statutory instrument containing such regulations made by the Secretary of State shall be subject to annulment in pursuance of a resolution of either House of Parliament.
In this section—“local highway authority” has the same meaning as in the 1980 Act;“the Broads” has the same meaning as in the Norfolk and Suffolk Broads Act 1988.
as they apply in relation to a local highway authority other than an inner London authority, but
with the substitution for the reference in subsection (1) of section 60 to the commencement of that section of a reference to the date on which the resolution comes into operation.
Removal of obstructions from highways
After section 130 of the 1980 Act there is inserted—
In section 317 of the 1980 Act (appeals to the Crown Court from decisions of magistrates’ courts) after subsection (2) there is inserted—
After section 137 of the 1980 Act (penalty for wilful obstruction) there is inserted—
Subsection (1) does not have effect in relation to any offence under section 137 of the 1980 Act committed before the commencement of this section.
In section 154 of the 1980 Act (cutting or felling etc. trees etc. that overhang or are a danger to roads or footpaths) in subsection (1) after “public lamp,” there is inserted “ or overhangs a highway so as to endanger or obstruct the passage of horse-riders, ”.
Miscellaneous
In section 22 of the Road Traffic Regulation Act 1984 (traffic regulation for special areas in the countryside), in subsection (1)(a)—
the words “(other than Greater London)” are omitted,
at the end of paragraph (vi), the word “or” is omitted, and
before the word “and” at the end of paragraph (vii) there is inserted—.
In subsection (2) of that section, for “the paragraphs of subsection (1) of that section” there is substituted “ paragraphs (a) to (g) of subsection (1) of that section and referred to in section 6(1)(b) of this Act ”.
After subsection (4) of that section there is inserted—.
After that section there is inserted—
Schedule 7 (which makes amendments relating to the driving of mechanically propelled vehicles elsewhere than on roads) has effect.
This section applies to a way which the owner or occupier (from time to time) of any premises has used as a means of access for vehicles to the premises, if that use of the way—
was an offence under an enactment applying to the land crossed by the way, but
would otherwise have been sufficient to create on or after the prescribed date, and to keep in existence, an easement giving a right of way for vehicles.
Regulations may provide, as respects a way to which this section applies, for the creation in accordance with the regulations, on the application of the owner of the premises concerned and on compliance by him with prescribed requirements, of an easement subsisting at law for the benefit of the premises and giving a right of way for vehicles over that way.
An easement created in accordance with the regulations is subject to any enactment or rule of law which would apply to such an easement granted by the owner of the land.
The regulations may in particular—
require that, where an application is made after the relevant use of the way has ceased, it is to be made within a specified time,
specify grounds on which objections may be made and the procedure to apply to the making of objections,
require any matter to be referred to and determined by the Lands Tribunal, and make provision as to procedure and costs,
make provision as to the payment of any amount by the owner of the premises concerned to any person or into court and as to the time when any payment is to be made,
provide for the determination of any such amount,
make provision as to the date on which any easement is created,
specify any limitation to which the easement is subject,
provide for the easement to include any specified right incidental to the right of way,
make different provision for different circumstances.
In this section—“enactment” includes an enactment in a local or private Act and a byelaw, regulation or other provision having effect under an enactment;“owner”, in relation to any premises, means—a person, other than a mortgagee not in possession, who is for the time being entitled to dispose of the fee simple of the premises, whether in possession or in reversion, or a tenant under a long lease, within the meaning of the Landlord and Tenant Act 1987;“prescribed” means prescribed by regulations;“regulations” means regulations made, as respects England, by the Secretary of State and, as respects Wales, by the National Assembly for Wales.
Regulations under this section shall be made by statutory instrument, and no such regulations shall be made by the Secretary of State unless a draft has been laid before, and approved by a resolution of, each House of Parliament.
In section 147 of the 1980 Act (power to authorise erection of stiles etc on footpath or bridleway) after subsection (2) there is inserted—
In subsection (5) of that section, at the end there is inserted “ or for the breeding or keeping of horses. ”
After that section there is inserted—
In section 146 of the 1980 Act (duty to maintain stiles etc. on footpaths and bridleways) in subsection (5), before the word “or” at the end of paragraph (a) there is inserted—.
In section 344 of the 1980 Act (application to Isles of Scilly) in subsection (2)(a) after “147,” there is inserted “ 147ZA, ”.
In section 66(3) of the 1980 Act (works for safeguarding persons using footpaths)—
after “footpath” there is inserted “ or bridleway ”, and
after “barriers,” there is inserted “ posts, ”.
In section 134 of that Act, subsection (5) (which limits the persons who may bring proceedings for failure to restore a public path disturbed by ploughing etc.) is omitted.
In section 300 of that Act (right of local authorities to use vehicles and appliances on footways and bridleways), in subsection (1) after “verges,” there is inserted “ for preventing or removing obstructions to them or otherwise preventing or abating nuisances or other interferences with them, ”.
In section 21(2)(b) of the Road Traffic Act 1988 (defence to charge of driving or parking on cycle track for highway authority vehicles), after “verges” there is inserted “ , or the preventing or removing of obstructions to the cycle track or the preventing or abating in any other way of nuisances or other interferences with the cycle track, ”.
The Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales) may make regulations requiring local highway authorities of a description specified in the regulations to publish reports on the performance of any of their functions so far as relating to local rights of way (whether or not those functions are conferred on them as highway authorities).
Subsection (1) is without prejudice to section 230 of the Local Government Act 1972 (reports and returns).
Regulations under subsection (1) may prescribe the information to be given in such reports and how and when reports are to be published.
Regulations under subsection (1) shall be made by statutory instrument, and a statutory instrument containing such regulations made by the Secretary of State shall be subject to annulment in pursuance of a resolution of either House of Parliament.
In this section—“local highway authority” has the same meaning as in the 1980 Act, except that it does not include Transport for London; and“local rights of way” has the same meaning as in section 60.
In this Part, unless a contrary intention appears—
“restricted byway” and “restricted byway rights” have the meaning given by section 48(4);
expressions which are defined for the purposes of Part III of the 1981 Act by section 66(1) of that Act have the same meaning as in that Part.
In this Part any reference to a highway includes a reference to part of a highway.
Nature conservation and wildlife protection
The Nature Conservancy Council for England
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Biological diversity
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Sites of special scientific interest
Schedule 9 (which makes amendments of the 1981 Act to change the law relating to sites of special scientific interest, including provision as to offences) has effect.
A notification under section 23 of the National Parks and Access to the Countryside Act 1949 (notification to local planning authorities of areas of special scientific interest) which by virtue of section 28(13) of the 1981 Act as originally enacted had effect as if given under section 28(1)(a) of that Act, shall cease to have effect.
In section 15(2) of the Countryside Act 1968 (which provides for agreements between the Nature Conservancy Council and those with interests in land which is included in an area of special scientific interest, or is adjacent to such land), for “adjacent” there is substituted “ other ”.
After section 15 of the Countryside Act 1968 there is inserted—
Schedule 10 (which makes amendments of the 1981 Act consequential upon the substitution or repeal as respects England and Wales of certain sections in that Act, and also makes other consequential amendments) has effect.
Ramsar sites
After section 37 of the 1981 Act there is inserted—
Limestone pavement orders
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Payments under certain agreements
In section 50 of the 1981 Act (which makes provision relating to payments under section 16 of the National Parks and Access to the Countryside Act 1949 or section 15 of the Countryside Act 1968), in subsection (1)(a), for sub-paragraphs (i) and (ii) and the preceding word “to” there is substituted “ to any person; or ”.
Powers of entry
Section 51 of the 1981 Act (powers of entry) is amended as follows.
In subsection (1), for paragraphs (a) to (d) there is substituted—.
After subsection (1) there is inserted—
In subsection (2)—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
in paragraph (b), for “paragraph (c)” there is substituted “ paragraph (l) ”; and
in paragraph (c), for “paragraph (d)” there is substituted “ paragraph (m) ”.
For subsection (3)(b) there is substituted—
After subsection (3) there is inserted—
After subsection (4) there is inserted—.
Enforcement of wildlife legislation
Schedule 12 to this Act (which contains amendments relating to offences and enforcement powers under Part I of the 1981 Act) has effect.
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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Areas of outstanding natural beauty
Where it appears to Natural England that an area which is in England but not in a National Park is of such outstanding natural beauty that it is desirable that the provisions of this Part relating to areas designated under this section should apply to it, Natural England may, for the purpose of conserving and enhancing the natural beauty of the area, by order designate the area for the purposes of this Part as an area of outstanding natural beauty.
Where it appears to the Natural Resources Body for Wales (in this Part referred to as “the NRBW”) that an area which is in Wales but not in a National Park is of such outstanding natural beauty that it is desirable that the provisions of this Part relating to areas designated under this section should apply to it, the NRBW may, for the purpose of conserving and enhancing the natural beauty of the area, by order designate the area for the purposes of this Part as an area of outstanding natural beauty.
In this Part “area of outstanding natural beauty” means an area designated under this section as an area of outstanding natural beauty.
Where Natural England or the NRBW propose to make an order under section 82, Natural England or the NRBW shall consult every local authority whose area includes any part of the area to which the proposed order is to relate.
Before making the order, Natural England or the NRBW shall then publish, in the London Gazette and in one or more newspapers circulating in the area of every such local authority, notice that they propose to make the order, indicating the effect of the order and stating the time within which and manner in which representations with respect to the proposed order may be made to Natural England or the NRBW (as the case may be), and shall consider any representations duly made.
An order under section 82 shall not come into operation unless and until confirmed—and, in submitting any such order to the Secretary of State or the Assembly, Natural England or NRBW shall forward to the Secretary of State or the Assembly any representations made by a local authority consulted under subsection (1) or made by any other person under subsection (2), other than representations to which effect is given by the order as submitted to the Secretary of State or the Assembly.
in the case of an order made by Natural England, by the Secretary of State, or
in the case of an order made by the NRBW, by the National Assembly for Wales,
The Secretary of State or the National Assembly for Wales may confirm an order submitted to him or it under this section either as submitted or with such modifications as the Secretary of State or the Assembly thinks expedient.
Before refusing to confirm an order under section 82, or determining to confirm it with modifications, the Secretary of State shall consult Natural England and every local authority whose area includes any land to which the order as submitted, or as proposed to be modified, relates.
Before refusing to confirm an order under section 82, or determining to confirm it with modifications, the National Assembly for Wales shall consult the NRBW and every local authority whose area includes any land to which the order as submitted, or as proposed to be modified, relates.
An order under section 82 may be revoked or varied by a subsequent order under that section.
Without prejudice to the powers of Natural England or the NRBW to vary an order under section 82, the Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales) may by order vary any order under that section made by Natural England or the NRBW; and subsection (1) applies to any order under section 82 made by the Secretary of State or the Assembly by virtue of this subsection with the substitution for references to Natural England of references to the Secretary of State and for references to the NRBW of references to the Assembly.
It is the duty of Natural England and the NRBW to secure that copies of any order under section 82 relating to England or, as the case may be, to Wales, are available for inspection by the public at all reasonable times—
at the office of Natural England or, as the case may be, the NRBW,
at the offices of each local authority whose area includes any part of the area to which the order relates, and
at such other place or places in or near that area as Natural England or, as the case may be, the NRBW may determine.
The following provisions of the National Parks and Access to the Countryside Act 1949 (in this Part referred to as “the 1949 Act”)—apply in relation to areas of outstanding natural beauty as they apply in relation to National Parks.
section 6(4)(e) (duty of Natural England or NRBW to give advice in connection with development matters),
section 9 (consultation in connection with development plan),
section 64(5) (consultation in connection with access agreements), and
section 65(5) and (5A) (consultation in connection with access orders),
In section 6(4)(e) of the 1949 Act as it applies by virtue of subsection (1), “appropriate planning authority” means a local planning authority whose area consists of or includes the whole or any part of an area of outstanding natural beauty and includes a local authority, not being a local planning authority, by whom any powers of a local planning authority as respects an area of outstanding natural beauty are exercisable, whether under the 1949 Act or otherwise.
Section 4A of the 1949 Act (which confers on the NRBW functions under Part II of that Act corresponding to those exercisable as respects England by Natural England) applies to the provisions mentioned in subsection (1)(a) and (b) for the purposes of their application to areas of outstanding natural beauty as that section applies for the purposes of Part II of the 1949 Act.
A local planning authority whose area consists of or includes the whole or any part of an area of outstanding natural beauty has power, subject to subsections (5) and (6), to take all such action as appears to them expedient for the accomplishment of the purpose of conserving and enhancing the natural beauty of the area of outstanding natural beauty or so much of it as is included in their area.
Nothing in this Part is to be taken to limit the generality of subsection (4); but in so far as the provisions of this Part or of the 1949 Act confer specific powers falling within that subsection those powers are to be exercised in accordance with those provisions and subject to any limitations expressed or implied in them.
Without prejudice to the powers conferred by this Part, subsection (4) has effect only for the purpose of removing any limitation imposed by law on the capacity of a local planning authority by virtue of its constitution, and does not authorise any act or omission on the part of such an authority which apart from that subsection would be actionable at the suit of any person on any ground other than such a limitation.
In this section “local planning authority” has the same meaning as in the Town and Country Planning Act 1990.
In exercising or performing any functions in relation to, or so as to affect, land in an area of outstanding natural beauty in England, a relevant authority other than a devolved Welsh authority must seek to further the purpose of conserving and enhancing the natural beauty of the area of outstanding natural beauty.
In exercising or performing any functions in relation to, or so as to affect, land in an area of outstanding natural beauty in England, a devolved Welsh authority must have regard to the purpose of conserving and enhancing the natural beauty of the area of outstanding natural beauty.
In exercising or performing any functions in relation to, or so as to affect, land in an area of outstanding natural beauty in Wales, a relevant authority shall have regard to the purpose of conserving and enhancing the natural beauty of the area of outstanding natural beauty.
The Secretary of State may by regulations make provision about how a relevant authority is to comply with the duty under subsection (A1) (including provision about things that the authority may, must or must not do to comply with the duty).
The following are relevant authorities for the purposes of this section—
any Minister of the Crown,
any public body,
any statutory undertaker,
any person holding public office.
In subsection (2)—“devolved Welsh authority” has the same meaning as in the Government of Wales Act 2006 (see, in particular, section 157A of that Act);“public body” includes a county council, county borough council, district council, parish council or community council; a joint planning board within the meaning of section 2 of the Town and Country Planning Act 1990; a joint committee appointed under section 102(1)(b) of the Local Government Act 1972;... a corporate joint committee established by regulations made under Part 5 of the Local Government and Elections (Wales) Act 2021;“public office” means—an office under Her Majesty; an office created or continued in existence by a public general Act; or an office the remuneration in respect of which is paid out of money provided by Parliament“statutory undertaker” means a person—who is or is deemed to be a statutory undertaker for the purposes of Part 11 of the Town and Country Planning Act 1990, or who holds a gas system planner licence under section 7AA of the Gas Act 1986.
The Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales) may—by order establish a board (in this Part referred to as “a conservation board”) to carry out in relation to that area the functions conferred on such a board by or under this Part.
in the case of any existing area of outstanding natural beauty, or
in connection with the designation of any area as an area of outstanding natural beauty,
Schedule 13 (which relates to the constitution of conservation boards) has effect.
Where the Secretary of State or the National Assembly for Wales considers it expedient for either of the purposes mentioned in section 87(1), an order under subsection (1) may—
provide for the transfer to the conservation board to which the order relates of any of the functions of local authorities, so far as relating to the area of outstanding natural beauty in question, or
provide for any function of a local authority, so far as relating to the area of outstanding natural beauty in question, to be exercisable concurrently by the local authority and by the conservation board.
Subsection (3) does not apply to functions of a local authority under Part ... III, VII or XIII of the Town and Country Planning Act 1990 or under Part 2 or 6 of the Planning and Compulsory Purchase Act 2004.
An order under subsection (1) may make further provision as to the constitution and administration of the conservation board to which it relates, including provision with respect to—
the appointment of members,
the removal and disqualification of members,
the conduct of members,
proceedings of the board,
the appointment of staff,
consultation with other public bodies,
records and documents of the board,
the provision of information by the board, and
complaints of maladministration.
Before making an order under subsection (1) in relation to an area of outstanding natural beauty in England, the Secretary of State shall consult—and shall not make the order unless satisfied that the majority of those local authorities consent.
Natural England, and
every local authority whose area consists of or includes the whole or part of the area of outstanding natural beauty,
Before making an order under subsection (1) in relation to an area of outstanding natural beauty in Wales, the National Assembly for Wales shall consult—and shall not make the order unless satisfied that the majority of those local authorities consent.
the NRBW, and
every local authority whose area consists of or includes the whole or part of the area of outstanding natural beauty,
An order under subsection (1) which amends or revokes a previous order under that subsection establishing a conservation board—
may be made only after consultation with the conservation board to which it relates (as well as the consultation required by subsection (6) or (7)), and
in the case of an order revoking a previous order, may provide for the winding up of the board.
Subject to any order under subsection (10), where there is a variation of the area of an area of outstanding natural beauty for which there is or is to be a conservation board, the area of outstanding natural beauty for which that board is or is to be the conservation board shall be taken, as from the time when the variation takes effect, to be that area as varied.
Where provision is made for the variation of the area of an area of outstanding natural beauty for which there is or is to be a conservation board, the Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales) may by order make such transitional provision as he or it thinks fit with respect to—
any functions which, in relation to any area that becomes part of the area of outstanding natural beauty, are by virtue of the variation to become functions of that conservation board; and
any functions which, in relation to any area that ceases to be part of the area of outstanding natural beauty, are by virtue of the variation to become functions of a person other than that conservation board.
It is the duty of a conservation board established in relation to an area in England, in the exercise of their functions, to seek to further—but if it appears to the board that there is a conflict between those purposes, they are to attach greater weight to the purpose mentioned in paragraph (a).
the purpose of conserving and enhancing the natural beauty of the area of outstanding natural beauty, and
the purpose of increasing the understanding and enjoyment by the public of the special qualities of the area of outstanding natural beauty,
It is the duty of a conservation board established in relation to an area in Wales, in the exercise of their functions, to have regard to—but if it appears to the board that there is a conflict between those purposes, they are to attach greater weight to the purpose mentioned in paragraph (a).
the purpose of conserving and enhancing the natural beauty of the area of outstanding natural beauty, and
the purpose of increasing the understanding and enjoyment by the public of the special qualities of the area of outstanding natural beauty,
A conservation board, whilst fulfilling their duties under subsection (A1) or (1) (as the case may be), shall seek to foster the economic and social well-being of local communities within the area of outstanding natural beauty... and shall for that purpose co-operate with local authorities and public bodies whose functions include the promotion of economic or social development within the area of outstanding natural beauty.
Sections 37 and 38 of the Countryside Act 1968 (general duties as to the protection of interests of the countryside and the avoidance of pollution) apply to conservation boards as they apply to local authorities.
The powers of a conservation board include power to do anything which, in the opinion of the board, is calculated to facilitate, or is conducive or incidental to—
the accomplishment of the purposes mentioned in subsection (1), or
the carrying out of any functions conferred on it by virtue of any other provision of this Part or by virtue of any enactment not contained in this Part.
The powers conferred on a conservation board by subsection (4) do not include—but the things that may be done in exercise of those powers are not to be treated as excluding anything by reason only that it involves the expenditure, borrowing or lending of money or the acquisition or disposal of any property or rights.
power to do anything in contravention of any restriction imposed by virtue of this Part in relation to any express power of the board, or
power to raise money (whether by borrowing or otherwise) in a manner which is not authorised apart from that subsection,
Schedule 14 (which relates to the supplemental and incidental powers of conservation boards) has effect.
An order under section 86(1) may—
make further provision with respect to the supplemental and incidental powers of the conservation board to which it relates or the limits on those powers, including provision relating to the borrowing of money, and
provide for any enactment which relates to or limits the supplemental or incidental powers or duties of local authorities or relates to the conduct of, or transactions by, local authorities to apply in relation to the conservation board with such modifications as may be specified in the order.
No order shall be made under section 86(1) by the Secretary of State unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.
A statutory instrument containing an order made under section 86(10) by the Secretary of State shall be subject to annulment in pursuance of a resolution of either House of Parliament.
If a draft of an order made under section 86(1) by the Secretary of State would, apart from this section, be treated for the purposes of the Standing Orders of either House of Parliament as a hybrid instrument, it shall proceed in that House as if it were not such an instrument.
The power of the Secretary of State or the National Assembly for Wales by an order under section 86(1) or (10) to make incidental, supplemental, consequential or transitional provision includes power for any incidental, supplemental, consequential or, as the case may be, transitional purpose—any enactment or any instrument made under any enactment.
to apply with or without modifications,
to extend, exclude or modify, or
to repeal or revoke with or without savings,
establishes a conservation board or provides for the winding up of such a board, or
otherwise has the effect of transferring functions from one person to another or of providing for functions to become exercisable concurrently by two or more persons or to cease to be so exercisable,
The power of the Secretary of State or the National Assembly for Wales under section 86(1) or (10) to provide by order for the transfer of any property, rights or liabilities, or to make transitional provision in connection with any such transfer or with any order by which functions become or cease to be exercisable by any conservation board, includes, in particular, power to provide—
for the management and custody of any transferred property (whether real or personal);
for any liabilities transferred to include liabilities under any enactment;
for legal proceedings commenced by or against any person to be continued by or against a person to whom property, rights or liabilities are transferred or, as the case may be, any board or other authority by whom any functions are to become exercisable;
for the transfer of staff, compensation for loss of office, pensions and other staffing matters; and
for treating any person to whom a transfer of property, rights or liabilities is made or, as the case may be, by whom any functions are to become exercisable as, for some or all purposes, the same person in law as the person from whom the transfer is made or the authority by whom the functions have previously been exercisable.
In this section “enactment” includes an enactment contained in an Act passed after this Act.
Every conservation board shall, within two years after the date on which they are established, prepare and publish a plan which formulates their policy for the management of their area of outstanding natural beauty and for the carrying out of their functions in relation to it.
Subject to subsection (3), the relevant local authority in respect of an area of outstanding natural beauty shall, before the end of the period of three years beginning with whichever is the later of—prepare and publish a plan which formulates their policy for the management of the area of outstanding natural beauty and for the carrying out of their functions in relation to it.
the commencement of this section, or
the date on which the area is designated as an area of outstanding natural beauty,
Subsection (2) does not apply where, before the end of the period mentioned in that subsection, a conservation board has been established for the area of outstanding natural beauty.
A plan prepared under subsection (1) or (2) is to be known as an area of outstanding natural beauty management plan.
A conservation board or relevant local authority may, instead of preparing a plan under subsection (1) or (2),—
review any plan for the management of the area of outstanding natural beauty which has been prepared before the commencement of this section—
by a local authority, or
by a joint committee established by two or more local authorities, and
adopt the plan as reviewed as their area of outstanding natural beauty management plan, and
publish it under subsection (1) or (2) within the time required by that subsection.
A conservation board may, within six months of the date on which they are established, adopt an area of outstanding natural beauty management plan prepared for their area of outstanding natural beauty by the relevant local authority as their area of outstanding natural beauty management plan, and publish it under subsection (1).
Subject to subsection (8), a conservation board shall review their area of outstanding natural beauty management plan before the end of the period of five years beginning with the date on which it was published and, after the first review, at intervals of not more than five years.
Where a conservation board have adopted a plan under subsection (6), the first review must take place before the end of the period of three years beginning with the date on which the plan was published.
Where an area of outstanding natural beauty management plan has been prepared under subsection (2), the relevant local authority shall review the plan before the end of the period of five years beginning with the date on which it was published and, after the first review, at intervals of not more than five years, but this subsection does not apply where a conservation board has been established for the area of outstanding natural beauty.
Where a conservation board or relevant local authority review any plan under this section, they shall—
determine on that review whether it would be expedient to amend the plan and what (if any) amendments would be appropriate,
make any amendments that they consider appropriate, and
publish a report on the review specifying any amendments made.
In this section “relevant local authority” means—
in the case of an area of outstanding natural beauty which is wholly comprised in one principal area, the local authority for that area, and
in any other case, the local authorities for all the principal areas wholly or partly comprised in the area of outstanding natural beauty, acting jointly.
A conservation board or relevant local authority which is proposing to publish, adopt or review any plan under section 89 shall—
give notice of the proposal—
if the area of outstanding natural beauty is in England, to Natural England ...,
if the area of outstanding natural beauty is in Wales, to the NRBW, and
in the case of a conservation board, to every local authority whose area is wholly or partly comprised in the area of outstanding natural beauty,
send a copy of the plan, together (where appropriate) with any proposed amendments of the plan, to every body to which notice of the proposal is required to be given by paragraph (a), and
take into consideration any observations made by any such body.
In the case of an area of outstanding natural beauty in Wales, a conservation board or relevant local authority which is proposing to publish, adopt or review any plan under section 89 must have regard to—
the state of natural resources report published under section 8 of the Environment (Wales) Act 2016,...
any area statement published under section 11 of that Act for an area that includes all or part of the area of outstanding natural beauty, and
the sustainable land management report published under section 6 of the Agriculture (Wales) Act 2023.
A conservation board or relevant local authority shall send to the Secretary of State or the National Assembly for Wales a copy of every plan, notice or report which they are required to publish under section 89.
The Secretary of State may by regulations make provision—
requiring a plan under section 89 relating to an area of outstanding natural beauty in England to contribute to the meeting of any target set under Chapter 1 of Part 1 of the Environment Act 2021;
setting out how such a plan must contribute to the meeting of such targets;
setting out how a plan under section 89 relating to an area of outstanding natural beauty in England must further the purpose of conserving and enhancing the natural beauty of that area.
In this section “relevant local authority” has the same meaning as in section 89.
The Secretary of State may by regulations make provision—
requiring a relevant authority other than a devolved Welsh authority to contribute to the preparation, implementation or review of a plan under section 89 relating to an area of outstanding natural beauty in England;
setting out how such a relevant authority may or must do so.
In this section—“devolved Welsh authority” has the same meaning as in the Government of Wales Act 2006 (see, in particular, section 157A of that Act);“relevant authority” has the same meaning as in section 85.
The Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales) may make grants to a conservation board, of such amounts and on such terms and conditions as the Secretary of State or the Assembly thinks fit.
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Before determining the amount of any grant which it proposes to make to a conservation board under this section, or the purpose for which the grant is to be made, the National Assembly for Wales shall consult the NRBW.
A power to make regulations under this Part—
is exercisable by statutory instrument;
includes power to make different provision for different purposes or different areas;
includes power to make consequential, incidental, supplementary, transitional, transitory or saving provision.
Regulations under this Part are to be made by statutory instrument.
A statutory instrument containing regulations under this Part is subject to annulment in pursuance of a resolution of either House of Parliament.
In this Part, unless a contrary intention appears—“the 1949 Act” means the National Parks and Access to the Countryside Act 1949;. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .“area of outstanding natural beauty” has the meaning given by section 82(3);“conservation board” has the meaning given by section 86(1);. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .“liability”, in relation to the transfer of liabilities from one person to another, does not include criminal liability;“local authority” means a principal council within the meaning of the Local Government Act 1972;“the NRBW” means the Natural Resources Body for Wales;“principal area” has the same meaning as in the Local Government Act 1972.
Any reference in this Part to the conservation of the natural beauty of an area includes a reference to the conservation of its flora, fauna and geological and physiographical features.
This Part does not apply in relation to any of the lands mentioned in section 112(1) of the 1949 Act (Epping Forest and Burnham Beeches).
Schedule 15 (which contains consequential amendments and transitional provisions relating to areas of outstanding natural beauty) has effect.
Miscellaneous and supplementary
Local access forums
The appointing authority for any area shall in accordance with regulations establish for that area, or for each part of it, an advisory body to be known as a local access forum.
For the purposes of this section—
the local highway authority is the appointing authority for their area, except any part of it in a National Park, and
the National Park authority for a National Park is the appointing authority for the National Park.
A local access forum consists of members appointed by the appointing authority in accordance with regulations.
It is the function of a local access forum, as respects the area for which it is established, to advise—as to the improvement of public access to land in that area for the purposes of open-air recreation and the enjoyment of the area, and as to such other matters as may be prescribed.
the appointing authority,
any body exercising functions under Part I in relation to land in that area,
if the appointing authority is a National Park authority, the local highway authority for any part of that area, and
such other bodies as may be prescribed,
The bodies mentioned in paragraphs (a) to (d) of subsection (4) shall have regard, in carrying out their functions, to any relevant advice given to them by a local access forum under that subsection or any other provision of this Act.
In carrying out its functions, a local access forum shall have regard to—
the needs of land management,
the desirability of conserving the natural beauty of the area for which it is established, including the flora, fauna and geological and physiographical features of the area, and
guidance given from time to time by the Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales).
Subsection (1) does not apply to the council of a London borough or to any part of their area unless the council so resolve.
The Secretary of State, as respects England, or the National Assembly for Wales, as respects Wales, if satisfied that no local access forum is required for any area or part of any area, may direct that subsection (1) is not to apply in relation to that area or part.
Before giving a direction under subsection (8) as respects an area or part of an area, the Secretary of State or the National Assembly for Wales must consult the appointing authority for the area and the appropriate countryside body.
In this section—“appropriate countryside body” has the same meaning as in Part I;“local highway authority” has the same meaning as in the 1980 Act;“prescribed” means prescribed by regulations;“regulations” means regulations made, as respects England, by the Secretary of State, and, as respects Wales, by the National Assembly for Wales.
Regulations under section 94 may in particular include provision—
as to the appointment as members of a local access forum of persons appearing to the appointing authority to be representative of persons of any specified description or of any specified body;
as to the establishment by appointing authorities of joint local access forums.
The regulations must provide for the appointment of persons appearing to the appointing authority to be representative of—
users of local rights of way or the right conferred by section 2(1);
owners and occupiers of access land or land over which local rights of way subsist;
any other interests especially relevant to the authority’s area.
In subsection (2)—“access land” has the same meaning as in Part I;“local rights of way” has the meaning given by section 60(5), but as if the references there to a local highway authority and their area were references to an appointing authority and their area.
The Secretary of State and the National Assembly for Wales, in making regulations under section 94 containing such provision as is mentioned in subsection (2), must have regard to the desirability of maintaining a reasonable balance between the number of members of any local access forum appointed in accordance with paragraph (a) and in accordance with paragraph (b) of subsection (2).
Regulations under section 94 may include such supplementary or incidental provision as appears to the Secretary of State or National Assembly for Wales (as the case may be) to be necessary or expedient.
For the purposes of section 94, the Broads are to be treated as a National Park and the Broads Authority as a National Park authority.
In subsection (6) “the Broads” has the same meaning as in the Norfolk and Suffolk Broads Act 1988.
Regulations under section 94 shall be made by statutory instrument, and a statutory instrument containing such regulations made by the Secretary of State shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Management agreements
In section 39 of the 1981 Act (management agreements with owners and occupiers of land)—
in subsection (1) the words “both in the countryside and” are omitted, and
at the end of subsection (5) (authorities which may enter into management agreements) there is inserted—
Norfolk and Suffolk Broads
In Part IV of the Norfolk and Suffolk Broads Act 1988, before section 18 there is inserted—
Town and village greens
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Supplementary
In Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999—
the reference to the 1980 Act is to be treated as referring to that Act as amended by this Act, and
the reference to the 1981 Act is to be treated as referring to that Act as amended by this Act.
In that Schedule, at the end of the list of Public General Acts there is inserted—
Subsection (1), and the amendment made by subsection (2), do not affect the power to make further Orders varying or omitting the references mentioned in subsection (1) or the provision inserted by subsection (2).
Subject to the provisions of any order under this section, the following provisions of this Act do not apply in relation to the Isles of Scilly—
Part I; and
The Secretary of State may by order made by statutory instrument provide for the application of any of the provisions mentioned in subsection (1) in relation to the Isles of Scilly, subject to such modifications as may be specified in the order.
Part IV applies in relation to the Isles of Scilly subject to such modifications as may be specified in an order made by the Secretary of State by statutory instrument.
Before making an order under subsection (2) or (3), the Secretary of State shall consult the Council of the Isles of Scilly.
In section 344 of the 1980 Act (application to the Isles of Scilly)—
in subsection (2)(a) for “121” there is substituted “ 121E, 130A to 130D ”, and
before “146” there is inserted “ 137ZA(4) ”.
There shall be paid out of money provided by Parliament—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
any administrative expenses of a Minister of the Crown which are attributable to this Act,
any other expenditure of a Minister of the Crown or government department which is attributable to this Act,
any increase attributable to this Act in the sums which under any other enactment are payable out of money so provided.
The enactments mentioned in Schedule 16 are repealed to the extent specified.
The following provisions of this Act come into force at the end of the period of two months beginning with the day on which this Act is passed—section 1 and Schedule 1, sections 3 to 11 and Schedule 3, sections 15 to 17, section 19, Chapters II and III of Part I, sections 40 to 45, section 52, sections 58 and 59, sections 64 to 67 and Schedule 7 (apart from paragraphs 6 and 7 of that Schedule), Part III (apart from section 81(2) and (3)), and Schedules 8, 9, 10, 11 and 12 and Parts III and IV of Schedule 16, sections 94 and 95, and section 98.
The remaining provisions of this Act come into force on such day as the Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales) may by order made by statutory instrument appoint.
Different days may be appointed under subsection (3) for different purposes or different areas.
An order under subsection (3) may contain such transitional provisions or savings (including provisions modifying the effect of any enactment) as appear to the Secretary of State or the National Assembly for Wales (as the case may be) to be necessary or expedient in connection with any provision brought into force by the order.
In this Act—“the 1980 Act” means the Highways Act 1980;“the 1981 Act” means the Wildlife and Countryside Act 1981;“local access forum” means a local access forum established under section 94.
Any reference in this Act, or in any enactment amended by this Act, to the commencement of any provision of this Act is, in relation to any area, a reference to the commencement of that provision in relation to that area.
This Act may be cited as the Countryside and Rights of Way Act 2000.
Subject to the following provisions of this section, this Act extends to England and Wales only.
The following provisions extend also to Scotland—sections 67 and 76; in Schedule 7, paragraphs 3 and 5 to 7; in Schedule 10, paragraph 2.
Paragraph 1 of Schedule 10 extends to Scotland only.
Excepted land for purposes of Part I
Excepted land
Land on which the soil is being, or has at any time within the previous twelve months been, disturbed by any ploughing or drilling undertaken for the purposes of planting or sowing crops or trees (other than land which is coastal margin and is, or forms part of, a coastal route strip) .
Land covered by buildings or the curtilage of such land.
Land (other than coastal margin) within 20 metres of a dwelling.
Land used as a park or garden.
Land used for the getting of minerals by surface working (including quarrying).
Land used for the purposes of a railway (including a light railway) or tramway.
Land used for the purposes of a golf course, racecourse or aerodrome (other than, in the case of land used for the purposes of a golf course, land which is coastal margin and is, or forms part of, a coastal route strip) .
Land which does not fall within any of the preceding paragraphs and is covered by works used for the purposes of a statutory undertaking or an electronic communications code network, or the curtilage of any such land. Land which does not fall within any of the preceding paragraphs and is covered by—or the curtilage of any such land.
works used for the purposes of a statutory undertaking (other than flood defence works, or sea defence works, on land which is coastal margin), or
works used for the purposes of an electronic communications code network,
Land as respects which development which will result in the land becoming land falling within any of paragraphs 2 to 8 is in the course of being carried out.
Land (other than coastal margin) within 20 metres of a building which is used for housing livestock, not being a temporary or moveable structure.
Land covered by pens in use for the temporary reception or detention of livestock.
Land (other than coastal margin) habitually used for the training of racehorses.
Land the use of which is regulated by byelaws under section 14 of the Military Lands Act 1892 or section 2 of the Military Lands Act 1900.
Land which is coastal margin and is, or forms part of, a regulated caravan or camping site (other than land which is, or forms part of, a coastal route strip).
Land which is coastal margin and is, or forms part of, a highway (within the meaning of the Highways Act 1980).
Land which is coastal margin and is, or forms part of, a burial ground (other than land which is, or forms part of, a coastal route strip).
Land which is coastal margin and—
is or forms part of a school playing field, or
is land otherwise occupied by a school and used for the purposes of that school.
Supplementary provisions
In this Schedule—“approved section of the English coastal route” means a route in relevant approved proposals, other than an official alternative route,“building” includes any structure or erection and any part of a building as so defined, but does not include any fence or wall, or anything which is a means of access as defined by section 34; and for this purpose “structure” includes any tent, caravan or other temporary or moveable structure;“building”—includes any structure or erection and any part of a building as so defined, but does not include any fence or wall, anything which is a means of access as defined by section 34 or, in the case of land which is coastal margin, any slipway, hard or quay; and for this purpose “structure” includes any tent, caravan or other temporary or moveable structure;“burial ground” means a place which, for the time being, is set apart as a churchyard, cemetery or other ground (whether or not consecrated) in which bodies are interred;“coastal route strip” means—land over which the line of an approved section of the English coastal route, or an official alternative route, passes, and subject to sub-paragraph (2), land which is adjacent to and within 2 metres either side of such a line;“development” and “minerals” have the same meaning as in the Town and Country Planning Act 1990;“official alternative route” has the same meaning as in section 3A;“ploughing” and “drilling” include respectively agricultural or forestry operations similar to ploughing and agricultural or forestry operations similar to drilling;“regulated caravan or camping site” means—land which is used for the purposes of a caravan site (within the meaning of section 1(4) of the Caravan Sites and Control of Development Act 1960) by virtue of–a site licence issued under Part 1 of that Act (caravan site licences), a certificate issued under paragraph 5 of Schedule 1 to that Act (sites approved by exempted organisations), or paragraph 11 of that Schedule (land occupied by a local authority as a caravan site), or land which is used for the purposes of a site for tents or other moveable dwellings (within the meaning of section 269 of the Public Health Act 1936) by virtue of a licence issued under subsection (1)(i) of that section (disregarding any certificate under subsection (6) of that section which has the effect of a licence);“relevant approved proposals” has the same meaning as in section 3A;“statutory undertaker” means—a person authorised by any enactment to carry on any railway, light railway, tramway, road transport, water transport, canal, inland navigation, dock, harbour, pier or lighthouse undertaking or any undertaking for the supply of hydraulic power, any public gas transporter, within the meaning of Part I of the Gas Act 1986, any water or sewerage undertaker, any holder of a licence under section 6(1) of the Electricity Act 1989, or the Environment Agency, the Natural Resources Body for Wales, a universal service provider (within the meaning of Part 3 of the Postal Services Act 2011) in connection with the provision of a universal postal service (within the meaning of that Part), the Civil Aviation Authority or a person who holds a licence under Chapter I of Part I of the Transport Act 2000 (to the extent that the person is carrying out activities authorised by the licence);“statutory undertaking” means—the undertaking of a statutory undertaker (which, in the case of a universal service provider (within the meaning of Part 3 of the Postal Services Act 2011), means his undertaking so far as relating to the provision of a universal postal service (within the meaning of that Part) and, in the case of a person who holds a licence under Chapter I of Part I of the Transport Act 2000, means that person’s undertaking as licence holder), or an airport to which Part V of the Airports Act 1986 applies.
Where relevant approved proposals contain a proposal under section 55D(2)(c) of the National Parks and Access to the Countryside Act 1949 for the landward or seaward boundary of any part of a coastal route strip excluded from a description of excepted land by paragraph 1, 7, 13A or 13C to coincide with a physical feature identified in the proposal, the boundary in question is to coincide with that feature.
In paragraph 5, the reference to the getting of minerals by surface working does not include the removal by any person of sand or shingle from an area of foreshore or beach which is coastal margin, in pursuance of a right which is enjoyed by the person under any grant or reservation, local or personal Act, Royal charter or letters patent or by prescription.
Land is not to be treated as excepted land by reason of any development carried out on the land, if the carrying out of the development requires planning permission under ... the Town and Country Planning Act 1990 and that permission has not been granted.
Sub-paragraph (1) does not apply where the development is treated by section 191(2) of the Town and Country Planning Act 1990 as being lawful for the purposes of that Act.
The land which is excepted land by virtue of paragraph 10 does not include—if the means of access is necessary for giving the public reasonable access to access land.
any means of access, as defined by section 34, or
any way leading to such a means of access,
Land which is habitually used for the training of racehorses is not to be treated by virtue of paragraph 11 as excepted land except—
between dawn and midday on any day, and
at any other time when it is in use for that purpose.
Restrictions to be observed by persons exercising right of access
General restrictions
Section 2(1) Subject to sub-paragraph (2), section 2(1) does not entitle a person to be on any land if, in or on that land, he—
drives or rides any vehicle other than an invalid carriage as defined by section 20(2) of the Chronically Sick and Disabled Persons Act 1970,
uses a vessel or sailboard on any non-tidal water,
has with him any animal other than a dog,
commits any criminal offence,
lights or tends a fire or does any act which is likely to cause a fire,
intentionally or recklessly takes, kills, injures or disturbs any animal, bird or fish,
intentionally or recklessly takes, damages or destroys any eggs or nests,
feeds any livestock,
bathes in any non-tidal water,
engages in any operations of or connected with hunting, shooting, fishing, trapping, snaring, taking or destroying of animals, birds or fish or has with him any engine, instrument or apparatus used for hunting, shooting, fishing, trapping, snaring, taking or destroying animals, birds or fish,
uses or has with him any metal detector,
intentionally removes, damages or destroys any plant, shrub, tree or root or any part of a plant, shrub, tree or root,
obstructs the flow of any drain or watercourse, or opens, shuts or otherwise interferes with any sluice-gate or other apparatus,
without reasonable excuse, interferes with any fence, barrier or other device designed to prevent accidents to people or to enclose livestock,
neglects to shut any gate or to fasten it where any means of doing so is provided, except where it is reasonable to assume that a gate is intended to be left open,
affixes or writes any advertisement, bill, placard or notice,
in relation to any lawful activity which persons are engaging in or are about to engage in on that or adjoining land, does anything which is intended by him to have the effect—
of intimidating those persons so as to deter them or any of them from engaging in that activity,
of obstructing that activity, or
of disrupting that activity,
without reasonable excuse, does anything which (whether or not intended by him to have the effect mentioned in paragraph (q)) disturbs, annoys or obstructs any persons engaged in a lawful activity on the land,
engages in any organised games, or in camping, hang-gliding or para-gliding, or
engages in any activity which is organised or undertaken (whether by him or another) for any commercial purpose.
Nothing in sub-paragraph (1)(f) or (j) affects a person’s entitlement by virtue of section 2(1) to be on any land which is coastal margin if the person’s conduct (to the extent that it falls within sub-paragraph (1)(f) or (j)) is limited to permitted fishing-related conduct.
In sub-paragraph (2) the reference to permitted fishing-related conduct is a reference to the person—
having a fishing rod or line, or
engaging in any activities which—
are connected with, or ancillary to, fishing with a rod and line, or with a line only, in the exercise of a right to fish, and
take place on land other than land used for grazing or other agricultural purposes.
In paragraph 1(k), “metal detector” means any device designed or adapted for detecting or locating any metal or mineral in the ground.
For the purposes of paragraph 1(q) and (r), activity on any occasion on the part of a person or persons on land is “lawful” if he or they may engage in the activity on the land on that occasion without committing an offence or trespassing on the land.
Regulations may amend paragraphs 1 and 2.
During the period beginning with 1st March and ending with 31st July in each year, section 2(1) does not entitle a person to be on any land if he takes, or allows to enter or remain, any dog which is not on a short lead.
Sub-paragraph (1) does not apply in relation to land which is coastal margin.
Whatever the time of year, section 2(1) does not entitle a person to be on any land if he takes, or allows to enter or remain, any dog which is not on a short lead and which is in the vicinity of livestock.
In paragraphs 4 and 5, “short lead” means a lead of fixed length and of not more than two metres.
Whatever the time of year, section 2(1) does not entitle a person to be on any land which is coastal margin at any time if—
that person has taken onto the land, or allowed to enter or remain on the land, any dog, and
at that time, the dog is not under the effective control of that person or another person.
For this purpose a dog is under the effective control of a person if the following conditions are met.
The first condition is that—
the dog is on a lead, or
the dog is within sight of the person and the person remains aware of the dog’s actions and has reason to be confident that the dog will return to the person reliably and promptly on the person’s command.
The second condition is that the dog remains—
on access land, or
on other land to which that person has a right of access.
For the purposes of sub-paragraph (4), a dog which is in tidal waters is to be regarded as remaining on access land.
Section 2(1) does not entitle a person to be on any land which is coastal margin if, on that land, the person obstructs any person passing, or attempting to pass, on foot along any part of the English coastal route, any official alternative route or any relevant temporary route.
In this paragraph—“the English coastal route” means the route secured pursuant to the coastal access duty (within the meaning of section 296 of the Marine and Coastal Access Act 2009);“official alternative route” has the meaning given by section 55J of the National Parks and Access to the Countryside Act 1949;“relevant temporary route” means a route for the time being having effect by virtue of a direction under section 55I of that Act to the extent that the line of the route passes over coastal margin.
Removal or relaxation of restrictions
The relevant authority may by direction, with the consent of the owner of any land, remove or relax any of the restrictions imposed by paragraphs 1, 4 and 5 in relation to that land, either indefinitely or during a specified period.
In sub-paragraph (1), the reference to a specified period includes references—
to a specified period in every calendar year, or
to a period which is to be determined by the owner of the land in accordance with the direction and notified by him to the relevant authority in accordance with regulations.
Regulations may make provision as to—
the giving or revocation of directions under this paragraph,
the variation of any direction given under this paragraph by a subsequent direction so given,
the giving or revocation of consent for the purposes of sub-paragraph (1), and
the steps to be taken by the relevant authority or the owner for informing the public about any direction under this paragraph or its revocation.
In this paragraph—“the relevant authority” has the meaning given by section 21;“owner”, in relation to any land which is subject to a farm business tenancy within the meaning of the Agricultural Tenancies Act 1995 or a tenancy to which the Agricultural Holdings Act 1986 applies, means the tenant under that tenancy.
Dedicated land
In relation to land to which a dedication under section 16 relates (whether or not it would be access land apart from the dedication), the provisions of this Schedule have effect subject to the terms of the dedication.
Delegation of appellate functions
Interpretation
In this Schedule—“appointed person” means a person appointed under section 8(1)(a);“the appointing authority” means—the Secretary of State, in relation to an appointment made by him, or the National Assembly for Wales, in relation to an appointment made by it;“appointment”, in the case of any appointed person, means appointment under section 8(1)(a).
Appointments
An appointment under section 8(1)(a) must be in writing and—
may relate to any particular appeal or matter specified in the appointment or to appeals or matters of a description so specified,
may provide for any function to which it relates to be exercisable by the appointed person either unconditionally or subject to the fulfilment of such conditions as may be specified in the appointment, and
may, by notice in writing given to the appointed person, be revoked at any time by the appointing authority in respect of any appeal or matter which has not been determined by the appointed person before that time.
Powers of appointed person
Subject to the provisions of this Schedule, an appointed person shall, in relation to any appeal or matter to which his appointment relates, have the same powers and duties as the appointing authority, other than—
any function of making regulations;
any function of holding an inquiry or other hearing or of causing an inquiry or other hearing to be held; or
any function of appointing a person for the purpose—
of enabling persons to appear before and be heard by the person so appointed; or
of referring any question or matter to that person.
Holding of local inquiries and other hearings by appointed persons
If either of the parties to an appeal or matter expresses a wish to appear before and be heard by the appointed person, the appointed person shall give both of them an opportunity of appearing and being heard.
Whether or not a party to an appeal or matter has asked for an opportunity to appear and be heard, the appointed person—
may hold a local inquiry or other hearing in connection with the appeal or matter, and
shall, if the appointing authority so directs, hold a local inquiry in connection with the appeal or matter.
Where an appointed person holds a local inquiry or other hearing by virtue of this Schedule, an assessor may be appointed by the appointing authority to sit with the appointed person at the inquiry or hearing and advise him on any matters arising, notwithstanding that the appointed person is to determine the appeal or matter.
Subject to paragraph 5, the costs of a local inquiry held under this Schedule shall be defrayed by the appointing authority.
Local inquiries under this Schedule: evidence and costs
Subsections (2) to (5) of section 250 of the Local Government Act 1972 (local inquiries: evidence and costs) shall apply to local inquiries or other hearings held under this Schedule by an appointed person as they apply to inquiries caused to be held under that section by a Minister, but as if—
in subsection (2) (evidence) the reference to the person appointed to hold the inquiry were a reference to the appointed person,
in subsection (4) (recovery of costs of holding the inquiry)—
references to the Minister causing the inquiry to be held were references to the appointing authority, and
references to a local authority included references to the appropriate countryside body, and
in subsection (5) (orders as to the costs of the parties) the reference to the Minister causing the inquiry to be held were a reference to the appointed person or the appointing authority.
Revocation of appointments and making of new appointments
Where under paragraph 2(c) the appointment of the appointed person is revoked in respect of any appeal or matter, the appointing authority shall, unless he proposes to determine the appeal or matter himself, appoint another person under section 8(1)(a) to determine the appeal or matter instead.
Where such a new appointment is made, the consideration of the appeal or matter, or any hearing in connection with it, shall be begun afresh.
Nothing in sub-paragraph (2) shall require any person to be given an opportunity of making fresh representations or modifying or withdrawing any representations already made.
Certain acts and omissions of appointed person to be treated as those of appointing authority
Anything done or omitted to be done by an appointed person in, or in connection with, the exercise or purported exercise of any function to which the appointment relates shall be treated for all purposes as done or omitted to be done by the appointing authority.
Sub-paragraph (1) does not apply—
for the purposes of so much of any contract made between the appointing authority and the appointed person as relates to the exercise of the function, or
for the purposes of any criminal proceedings brought in respect of anything done or omitted to be done as mentioned in that sub-paragraph.
Minor and consequential amendments relating to Part I
Law of Property Act 1925 (c. 20)
In section 193(1) of the Law of Property Act 1925 (rights of public over commons and waste lands), in paragraph (b) of the proviso, after “injuriously affected,” there is inserted “ for conserving flora, fauna or geological or physiographical features of the land, ”.
Forestry Act 1967 (c. 10)
In section 9 of the Forestry Act 1967 (requirement of licence for felling), in the definition of “public open space” in subsection (6), after “1949” there is inserted “ or Part I of the Countryside and Rights of Way Act 2000) ”.
Agriculture Act 1967 (c. 22)
In section 52 of the Agriculture Act 1967 (control of afforestation), in the definition of “public open space” in subsection (15), after “1949” there is inserted “ or Part I of the Countryside and Rights of Way Act 2000) ”.
Countryside Act 1968 (c. 41)
In section 2(6) of the Countryside Act 1968 (Countryside Agency and Countryside Council for Wales to make recommendations to public bodies in relation to byelaws) for “and the Act of 1949” there is substituted “ , the Act of 1949 and Part I of the Countryside and Rights of Way Act 2000 ”.
Local Government Act 1974 (c. 7)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Wildlife and Countryside Act 1981 (c. 69)
In paragraph 13(1) of Schedule 13 to the Wildlife and Countryside Act 1981 (Countryside Agency’s annual report on the discharge of their functions) after “1968 Act” there is inserted “ , the Countryside and Rights of Way Act 2000 ”.
Definitive maps and statements and restricted byways
Amendments of Part III of Wildlife and Countryside Act 1981
Section 53 of the 1981 Act is amended as follows.
In subsection (1) (meaning of “definitive map and statement”) after “subject to section 57(3)” there is inserted “ and 57A(1) ”.
In subsection (3)(a)(iii), after “public path” there is inserted “ or a restricted byway ”.
In subsection (3)(c)(i) for “a right of way to which this Part applies” there is substituted “ a right of way such that the land over which the right subsists is a public path or, subject to section 54A, a byway open to all traffic ”.
In subsection (4), after “public path” there is inserted “ , restricted byway ”.
After subsection (4) there is inserted—
After subsection (5) there is inserted—
After section 53 of that Act there is inserted—
In subsection (2)—
for the words from the beginning to “by” there is substituted “ Where the particulars relating to any road used as a public path have been reviewed under subsection (1)(a), the definitive map and statement shall be modified so as to show that way by ”, and
the words from “and shall not” to the end are omitted.
In subsection (3), for the words “A road used as a public path” there is substituted “ Such a way ”.
After subsection (5) there is inserted—
After section 54 of that Act there is inserted—
In section 55 of that Act (no further surveys or reviews under the National Parks and Access to the Countryside Act 1949), after subsection (6) there is inserted—
Section 56 of that Act (effect of definitive map and statement) is amended as follows.
In subsection (1)(d)—
for “road used as a public path” there is substituted “ restricted byway ”,
after “the map shall” there is inserted “ , subject to subsection (2A), ”, and
after “leading a horse” there is inserted “ together with a right of way for vehicles other than mechanically propelled vehicles ”.
After subsection (1) there is inserted—
In subsection (2)—
in paragraph (a)—
after “this Part” there is inserted “ or an order to which section 53A applies which includes provision made by virtue of subsection (2) of that section ”, and
after “means” there is inserted “ , subject to subsection (2A), ” and
in paragraph (b), after “(3)” there is inserted “ or (3A) ”.
After that subsection there is inserted—
After subsection (3) there is inserted—
After subsection (4) there is inserted—
Subsection (5) is omitted.
Section 57 of that Act (supplementary provisions as to definitive maps and statements) is amended as follows.
In subsection (1), the words “on such scale as may be so prescribed,” are omitted.
In subsection (2), for “section 55(3)” there is substituted “ subsection (1) or any other provision of this Part ”.
In subsection (3) after “for the purposes of the foregoing provisions of this Part” there is inserted “ , and for the purposes of section 57A(1), ”.
After that subsection there is inserted—
After subsection (6) there is inserted—
After section 57 of that Act there is inserted—
In section 66(1) of that Act (interpretation of Part III) after the definition of “public path” there is inserted—.
In Schedule 14 to that Act (applications for certain orders under Part III), in paragraph 4(2) at the end there is inserted “ (which may include a direction as to the time within which an order is to be made) ”
Schedule 15 to that Act (procedure in connection with certain orders) is amended as follows.
In paragraph 3, in sub-paragraph (1)(c) after “order” there is inserted “ , which must include particulars of the grounds relied on, ”.
In sub-paragraph (9) of that paragraph—
after “sub-paragraph” there is inserted “ (1)(c) or ”, and
after “limiting” there is inserted “ the grounds which may be relied on or ”.
In paragraph 7, in sub-paragraph (2) after “shall” there is inserted “ , subject to sub-paragraph (2A), ”.
After sub-paragraph (2) of that paragraph there is inserted—
In sub-paragraph (3) of that paragraph, for “the person appointed to hold the inquiry” there is substituted “ any person appointed to hold an inquiry ”.
In paragraph 8—
in sub-paragraph (2)(a) after “the proposal” there is inserted “ , which must include particulars of the grounds relied on, ”,
for sub-paragraph (2)(b) and (c) there is substituted—
Paragraph 9 is omitted and after paragraph 10 there is inserted—
Amendments of other Acts
National Parks and Access to the Countryside Act 1949 (c. 97)
Section 51 of the National Parks and Access to the Countryside Act 1949 (general provisions as to long-distance routes) is amended as follows.
In subsection (2)(a), for the words from “any public path” to the end there is substituted “ any highway along which the route passes and which is a public path, a restricted byway or a way shown in a definitive map and statement as a restricted byway or byway open to all traffic; ”.
In subsection (5), for the words from “existing public paths” to “route passes” there is substituted “ existing highways falling within paragraph (a) of that subsection ”.
After that subsection there is inserted—
Section 57 of that Act (penalty for displaying on footpaths notices deterring public use) is amended as follows.
In subsection (1), for “road used as a public path” there is substituted “ restricted byway ”.
In subsection (3), for “or road used as a public path” there is substituted “ restricted byway or byway open to all traffic ”.
After that subsection there is inserted—
Countryside Act 1968 (c. 41)
In section 41(11) of the Countryside Act 1968 (power to make byelaws and related provision about wardens)—
for “road used as a public path” there is substituted “ restricted byway ”, and
after “27(6) of the Act of 1949” there is inserted “ and section 48(4) of the Countryside and Rights of Way Act 2000 ”.
Highways Act 1980 (c. 66)
In section 116 of the 1980 Act (power of magistrates’ court to authorise stopping up or diversion of highway) in subsection (4), for “or bridleway” there is substituted “ , bridleway or restricted byway ”.
In section 329 of the 1980 Act (interpretation)—
in subsection (1) after the definition of “reconstruction” there is inserted—,
in subsection (2) for “either “bridleway” or “footpath”” there is substituted “ “bridleway”, “footpath” or “restricted byway” ”.
Criminal Justice and Public Order Act 1994 (c. 33)
In section 61 of the Criminal Justice and Public Order Act 1994 (power to remove trespassers on land), in paragraph (b)(i) of the definition of “land” in subsection (9) for the words from “it falls” to “public path)” there is substituted “ it is a footpath, bridleway or byway open to all traffic within the meaning of Part III of the Wildlife and Countryside Act 1981, is a restricted byway within the meaning of Part II of the Countryside and Rights of Way Act 2000 ”.
Amendments relating to creation, stopping up and diversion of highways
Amendments of Highways Act 1980
In section 26 of the 1980 Act (compulsory powers for creation of footpaths and bridleways) after subsection (3) there is inserted—
For section 29 of the 1980 Act there is substituted—
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After section 31 of the 1980 Act there is inserted—
In section 36 of the 1980 Act (highways maintainable at public expense) in subsection (2), after paragraph (e) there is inserted—
In section 118 of the 1980 Act (stopping up of footpaths and bridleways) after subsection (6) there is inserted—
After section 118 of the 1980 Act there is inserted—
After section 118A of the 1980 Act there is inserted—.
Section 119 of the 1980 Act (diversion of footpaths and bridleways) is amended as follows.
In subsection (1)(b), for “so specified” there is substituted “ specified in the order or determined ”.
For subsection (3), there is substituted—.
In subsection (5)—
after “diversion order” there is inserted “ on an application under section 119ZA below or ”, and
for “him” there is substituted “ the person who made the application or representations ”.
After subsection (6) there is inserted—
After section 119 of the 1980 Act there is inserted—
Section 119A (diversion of footpaths and bridleways crossing railways) is amended as follows.
In subsection (2)(b), for “so specified” there is substituted “ specified in the order or determined under subsection (7) below ”.
For subsection (7) there is substituted—.
After section 119A of the 1980 Act there is inserted—
Section 120 of the 1980 Act (exercise of powers of making public path extinguishment and diversion orders) is amended as follows.
In subsection (1), for “to 119A” there is substituted “ , 118A, 119 and 119A ”.
After that subsection there is inserted—
In subsection (2)—
for “to 119A” there is substituted “ to 119D ”, and
for “footpath or bridleway”, wherever occurring, there is substituted “ highway ”.
In subsection (3)—
after “or diverted” there is inserted “ or where it appears to the Secretary of State as respects a relevant highway as defined by section 118B(2), 119B(2) or 119D(2) that it is expedient as mentioned in section 118B(1)(a) or (b), 119B(1)(a) or (b) or 119D(1)(b) that the highway should be stopped up or diverted ”,
in paragraph (a), for “a rail crossing diversion order or a public path diversion order” there is substituted “ a special extinguishment order, a public path diversion order, a rail crossing diversion order, a special diversion order or an SSSI diversion order ”,
in paragraph (b), for “to 119A” there is substituted “ to 119D ”,
for “(subject to subsection (3A) below)” there is substituted “ (subject to the following provisions of this section) ”, and
at the end there is inserted “ and, in the case of an SSSI diversion order, with the appropriate conservation body ”.
After subsection (3) there is inserted—
After subsection (3A) there is inserted—
In subsection (4)—
for “or a rail crossing diversion order” there is substituted “ , a rail crossing diversion order, a special diversion order or an SSSI diversion order ”, and
for “path or way” there is substituted “ highway ”.
For subsection (5) there is substituted—
After subsection (6) there is inserted—
Section 121 of the 1980 Act (supplementary provisions as to public path extinguishment and diversion orders) is amended as follows.
In subsection (1)—
after “rail crossing extinguishment order,” there is inserted “ a special extinguishment order ”,
for “or a rail crossing diversion order”, wherever occurring, there is substituted “ , a rail crossing diversion order, a special diversion order or an SSSI diversion order ”, and
for “path or way”, wherever occurring, there is substituted “ highway ”.
In subsection (2)—
after “rail crossing extinguishment orders,” there is inserted “ special extinguishment orders ”,
for “and rail crossing diversion orders” there is substituted “ , rail crossing diversion orders, special diversion orders and SSSI diversion orders ”, and
for the words from “but” onwards there is substituted—.
In subsection (3)—
for “(protection for agriculture and forestry)” there is substituted “ (duty to have regard to agriculture, forestry and nature conservation) ”,
after “rail crossing extinguishment orders,” there is inserted “ special extinguishment orders ”, and
for “and rail crossing diversion orders” there is substituted “ , rail crossing diversion orders, special diversion orders and SSSI diversion orders ”.
In subsection (4)—
after “rail crossing extinguishment order,” there is inserted “ a special extinguishment order ”, and
for “or a rail crossing diversion order” there is substituted “ , a rail crossing diversion order, a special diversion order or an SSSI diversion order ”.
After subsection (5) there is inserted—
In subsection (6), for “subsection (5)” there is substituted “ subsections (5) to (5E) ”.
After section 121 of the 1980 Act there is inserted—
After section 135 of the 1980 Act there is inserted—
In section 293 of the 1980 Act (powers of entry for purposes connected with certain orders relating to footpaths and bridleways), in subsection (1)—
after “rail crossing extinguishment order,” there is inserted “ a special extinguishment order ”, and
for “or a rail crossing diversion order” there is substituted “ , a rail crossing diversion order, a special diversion order or an SSSI diversion order ”.
In section 325 of the 1980 Act (regulations, schemes and orders)—
in subsection (1)(d), for “118, 119,” there is substituted “ 118, 118A, 118B(4), 119, 119A, 119B(4), 119D ”, and
in subsection (2)(b), after “17” there is inserted “ or 118B(1)(a) ”.
In section 326 of the 1980 Act (revocation and variation of schemes and orders) in subsection (5), for “a public path diversion order” there is substituted “ a rail crossing extinguishment order, a special extinguishment order, a public path diversion order, a rail crossing diversion order, a special diversion order or an SSSI diversion order ”.
In section 329(1) of the 1980 Act (interpretation)—
after the definition of “cycle track” there is inserted—,
after the definition of “proposed highway” there is inserted—,
after the definition of “road-ferry” there is inserted—,
after the definition of “service area” there is inserted—,
after the definition of “special enactment” there is inserted—, and
after the definition of “special road authority” there is inserted—.
In section 334 of the 1980 Act (savings relating to telecommunications apparatus) in subsection (2), for “and a public path diversion order” there is substituted “ , a special extinguishment order, a public path diversion order, a special diversion order and an SSSI diversion order ”.
In section 344 of the 1980 Act (application to Isles of Scilly) in subsection (2)(a) after “135,” there is inserted “ 135A, 135B, ”.
Schedule 6 to the 1980 Act (provisions as to making, confirmation, validity and date of operation of certain orders relating to footpaths and bridleways), including that Schedule as applied by section 32(2) of the Acquisition of Land Act 1981, is amended as follows.
In paragraph 1(1) and (2)—
after “rail crossing extinguishment order,” there is inserted “ a special extinguishment order ”, and
for “or a rail crossing diversion order” there is substituted “ , a rail crossing diversion order, a special diversion order or an SSSI diversion order ”.
In paragraph 1(3A)—
after “rail crossing extinguishment orders,” there is inserted “ special extinguishment orders ”, and
for “and rail crossing diversion orders” there is substituted “ , rail crossing diversion orders, special diversion orders and SSSI diversion orders ”.
In paragraph 1(3B)—
after “draft rail crossing extinguishment orders,” there is inserted “ draft special extinguishment orders ”, and
for “and draft rail crossing diversion orders” there is substituted “ , draft rail crossing diversion orders, draft special diversion orders and draft SSSI diversion orders ”.
In paragraph 2—
in sub-paragraph (1), at the beginning of paragraph (a) there is inserted “ subject to sub-paragraph (2A) ”,
in sub-paragraphs (2) and (3), for “or a public path diversion order,” there is substituted “ , a public path diversion order, a special diversion order or an SSSI diversion order ”, and
after sub-paragraph (2) there is inserted—
After paragraph 2 there is inserted—
In paragraph 2A(1), for the words from the beginning to “shall” there is substituted—.
After paragraph 2A there is inserted—.
In paragraph 3(2)—
for “or a rail crossing extinguishment order” there is substituted “ , a rail crossing extinguishment order or a special extinguishment order ”, and
for “or a rail crossing diversion order” there is substituted “ , a rail crossing diversion order, a special diversion order or an SSSI diversion order ”.
At the end of paragraph 4(3) there is inserted “ other than any person on whom notice of the decision is required to be served under paragraph 2ZA(2) above ”.
After Schedule 12 to the 1980 Act there is inserted—
Consequential amendments of other Acts
Norfolk and Suffolk Broads Act 1988 (c. 4)
In Schedule 3 to the Norfolk and Suffolk Broads Act 1988 (functions of Broads Authority), in paragraph 47 (footpaths and bridleways)—
for “118 to 121” there is substituted “ 118 to 121E ”, and
after “footpaths etc.)” there is inserted “ , except sections 118B and 119B of that Act (stopping up and diversion for purposes of crime prevention, etc.), ”.
Environment Act 1995 (c. 25)
In Schedule 9 to the Environment Act 1995 (miscellaneous functions of National Park authorities), in paragraph 11 (footpaths and bridleways) for paragraph (c) there is substituted—.
Driving of mechanically propelled vehicles elsewhere than on roads
National Parks and Access to the Countryside Act 1949 (c. 97)
In section 51(1) of the National Parks and Access to the Countryside Act 1949 (general provisions as to long-distance routes), for “not being a motor vehicle” there is substituted “ not being a mechanically propelled vehicle ”.
Countryside Act 1968 (c. 41)
Section 30 of the Countryside Act 1968 (riding of pedal cycles on bridleways) is amended as follows.
In subsection (1), for “not being a motor vehicle” there is substituted “ not being a mechanically propelled vehicle ”.
For subsection (5) there is substituted—
Chronically Sick and Disabled Persons Act 1970 (c. 44)
Road Traffic Act 1988 (c. 52)
Section 21 of the Road Traffic Act 1988 (prohibition of driving or parking on cycle tracks) is amended as follows.
In subsection (1), for “motor” there is substituted “ mechanically propelled ”.
In subsection (3), after paragraph (a) there is inserted—.
For section 34 of that Act there is substituted—.
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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Road Traffic Offenders Act 1988 (c. 53)
In Schedule 2 to the Road Traffic Offenders Act 1988 (prosecution and punishment of offences), in the second column of the entry in Part I relating to section 34 of the Road Traffic Act 1988, for “motor” there is substituted “ mechanically propelled ”.
In Schedule 3 to that Act (fixed penalty offences), in the second column of the entry relating to section 34 of the Road Traffic Act 1988, for “motor” there is substituted “ mechanically propelled ”.
Amendments consequential on change of name of Nature Conservancy Council for England
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In Part III of Schedule 1 to the House of Commons Disqualification Act 1975 (which sets out offices the holders of which are disqualified from membership of the House of Commons), the entry for “Any member of the Nature Conservancy Council for England or the Countryside Council for Wales in receipt of remuneration” is omitted, and in the appropriate places there are inserted the following two entries—.
Sites of special scientific interest
For section 28 of the 1981 Act (areas of special scientific interest) there is substituted—
For subsection (1) there is substituted—
For the sidenote, there is substituted “ Restoration following offence under section 28P. ”.
Section 52 of the 1981 Act (interpretation of Part II) is amended as follows.
In subsection (1), after the definition of “the Nature Conservancy Councils” there is inserted—.
In subsection (2), after “district planning authority” there is inserted “ and, in sections 28 to 28D, shall also be construed in accordance with section 28(10); ”.
After subsection (2) there is inserted—
In section 67 of the 1981 Act (application to Crown), after subsection (1) there is inserted—
In the 1981 Act, after Schedule 10 there is inserted the following Schedule—
Consequential amendments relating to sites of special scientific interest
Amendments of Wildlife and Countryside Act 1981
The 1981 Act is amended as follows.
In section 28 (areas of special scientific interest)—
in subsection (8)(a), “Part III of the Town and Country Planning Act 1990 or” is omitted; and
subsections (10) and (11) are omitted.
In section 29 (special protection for certain areas of special scientific interest), in subsection (9)(a), “Part III of the Town and Country Planning Act 1990 or” is omitted.
in subsection (4)(c), “section 10 of the Land Compensation Act 1973 (mortgages, trusts for sale and settlements) or” is omitted;
in subsection (5), “section 5 of the Land Compensation Act 1961 or” is omitted;
in subsection (7), “section 32 of the Land Compensation Act 1961 or” is omitted;
in subsection (8), “the Lands Tribunal or” is omitted; and
in subsection (9), “sections 2 and 4 of the Land Compensation Act 1961 or” is omitted.
In section 74 of the 1981 Act (short title, commencement and extent), after subsection (5) there is inserted—
Other amendments
Harbours Act 1964 (c. 40)
In Schedule 3 to the Harbours Act 1964 (procedure for making harbour revision and empowerment orders), in paragraph 1 (interpretation), for paragraph (a) of the definition of “sensitive area” there is substituted—.
Conservation of Seals Act 1970 (c. 30)
In section 10 of the Conservation of Seals Act 1970 (power to grant licences to kill or take seals), in subsection (4), for paragraph (b) there is substituted—.
Highways Act 1980 (c. 66)
In section 105A of the Highways Act 1980 (environmental impact assessments), in subsection (6), for paragraph (a) there is substituted—.
Channel Tunnel Act 1987 (c. 53)
In section 9 of the Channel Tunnel Act 1987 (planning permission), for subsection (7) there is substituted—
Town and Country Planning Act 1990 (c. 8)
In section 87 of the Town and Country Planning Act 1990 (exclusion of certain descriptions of land or development from a simplified planning zone), in subsection (1), for paragraph (f) there is substituted—.
Environmental Protection Act 1990 (c. 43)
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Water Industry Act 1991 (c. 56)
In section 156 of the Water Industry Act 1991 (restriction on disposals of land), in subsection (8), for paragraph (b) in the definition of “area of outstanding natural beauty or special scientific interest” there is substituted—.
Environment Act 1995 (c. 25)
In Schedule 13 to the Environment Act 1995 (review of old mineral planning permissions), for paragraph 2(4)(b) there is substituted—.
Channel Tunnel Rail Link Act 1996 (c. 61)
In Schedule 10 to the Channel Tunnel Rail Link Act 1996 (disapplication and modification of miscellaneous controls), for paragraph 6 and the heading preceding it there is substituted—.
Transitional provisions and savings relating to sites of special scientific interest
Interpretation
In this Schedule—“the Nature Conservancy Council” has the meaning given by section 27A of the 1981 Act and “stop notice” has the meaning given by paragraph 9(3) of this Schedule;“old section 28” means section 28 of the 1981 Act as it had effect before its substitution by section 75(1) of and Schedule 9 to this Act;“new section 28” means section 28 of the 1981 Act as substituted by section 75(1) of and Schedule 9 to this Act; and“the substitution date” means the date on which new section 28 is substituted for old section 28, and references to other sections are to those sections in the 1981 Act unless otherwise specified.
Nothing in this Schedule prejudices the application of section 16 (general savings) or 17 (repeal and re-enactment) of the Interpretation Act 1978 to any case not provided for in this Schedule.
Notifications given under old section 28
Except as mentioned in paragraphs 4 and 5, a notification under old section 28(1)(a), (b) or (c) (including one having effect in modified form by virtue of old section 28(4C)) has effect from the substitution date as if it were a notification under new section 28(1)(a), (b) or (c) respectively.
Modification of operation of new section 28
New section 28(2) does not apply to a notification taking effect as mentioned in paragraph 2.
The words following paragraph (b) in new section 28(4) do not apply to a notification taking effect as mentioned in paragraph 2, but instead paragraph 6 applies.
The Nature Conservancy Council shall, within the period of five years beginning with the substitution date, give a notice to every owner and occupier of any land which is the subject of—containing a statement of the Council’s views about the matters referred to in the words following paragraph (b) in new section 28(4).
a notification under old section 28(4A)(b), or
The notice shall specify the date (not being less than three months from the date of the giving of the notice) on or before which, and the manner in which, representations or objections with respect to it may be made; and the Council shall consider any representation or objection duly made.
Within the period of two months beginning immediately after the date referred to in sub-paragraph (2), the Council shall give a notice to every owner and occupier of the land confirming the statement referred to in sub-paragraph (1) or containing a revised statement.
Modification of operation of sections 28A to 28C
This paragraph applies to a notification under old section 28(1) given—
before the commencement of the Wildlife and Countryside (Amendment) Act 1985; or
after the commencement of that Act but preceded by a notice under section 28(2) as originally enacted, given during the six months immediately preceding that commencement.
In relation to a notification to which this paragraph applies, the reference in section 28A(1) to—shall be construed as a reference to the notification under old section 28(1).
notice given under section 28(5)(b) confirming a notification with or without modifications, and
the confirmed notification,
In relation to a site of special scientific interest which is the subject of a notification to which this paragraph applies—
section 28B (notification of additional land) shall have effect as if subsection (3) were omitted; and
section 28C (enlargement of SSSI) shall have effect as if subsection (4) were omitted.
Modification of operation of section 28E
Except as provided in paragraph 9—
a notice given under old section 28(5)(a) has effect from the substitution date as if it were a notice given under section 28E(1)(a); and
a consent given under old section 28(6)(a) has effect from that date as if it were a consent under section 28E(3)(a).
In relation to such a consent, section 28E has effect as if for subsections (7) and (8) there were substituted—
Subject to paragraph 10, this paragraph applies where—but even if those conditions are fulfilled, this paragraph does not apply in relation to operations specified in a notice under section 29(4)(a) on any land if immediately before the substitution date an order under section 29 was in effect in relation to that land.
a notice has been given under old section 28(5)(a) before the substitution date;
on the substitution date four months have expired since the notice under old section 28(5)(a) was given,
Where this paragraph applies, but subject to sub-paragraph (7), the prohibition in section 28E(1) on carrying out, or causing or permitting to be carried out, an operation does not apply in relation to an operation specified in the notice under old section 28(5)(a).
Where this paragraph applies, the Nature Conservancy Council may, on or after the substitution date, give a notice (a “stop notice”) to every owner and occupier of the land to which the stop notice is to apply.
A stop notice is to specify—and must contain a notice of the right of the person to whom the stop notice is given to appeal against it in accordance with paragraph 11, and a notice of the effect of sub-paragraph (8).
the date on which it is to take effect;
the operations to which it applies; and
the land to which it applies,
The date on which a stop notice is to take effect may not be sooner than the end of the period of three days beginning with the date the stop notice is given, unless the Council consider that there are special reasons which justify a shorter period, and a statement of those reasons is included with the stop notice.
The operations to which a stop notice may apply are all or any of the operations specified in the notice under old section 28(5)(a).
From the date on which the stop notice takes effect, sub-paragraph (2) of this paragraph ceases to apply in relation to the operations specified in the stop notice on the land to which the stop notice applies.
Where the Council give a stop notice, they shall make a payment to any owner or occupier of the land who suffers loss because of it.
The amount of a payment under sub-paragraph (8) is to be determined by the Council in accordance with guidance given and published by the Ministers (within the meaning of section 50).
Section 50(3) applies to the determination of the amount of a payment under sub-paragraph (8) as it applies to the determination of the amount of payments under that section.
This paragraph ceases to apply, in relation to any operation specified in the notice referred to in sub-paragraph (1)(a) except an operation to which a stop notice applies, if the operation has not begun before the end of the period of—
three years beginning with the substitution date; or
in a case falling within paragraph 10(2) or (3), three years beginning immediately after the expiry of the period of one month or longer referred to there.
An agreement under old section 28(6A) in effect immediately before the substitution date has effect from the substitution date as an agreement that paragraph 9 is not to apply in relation to the operation which is the subject of the agreement; and, accordingly, paragraph 9 does not apply in relation to that operation (as regards both the owner and the occupier of the land).
Where a notice has been given under old section 28(6B) before the substitution date, paragraph 9 has effect, in relation to the operation in question, as if for the period mentioned in paragraph 9(1)(c) there were substituted the period of one month from the giving of the notice or (if a longer period is specified in the notice) that longer period.
If after an agreement has taken effect as mentioned in sub-paragraph (1) the relevant person (whether a party to the agreement or not) gives the Nature Conservancy Council written notice that he wishes to terminate the agreement, then as from the giving of the notice paragraph 9 has effect, in relation to the operation in question (as regards both the owner and the occupier of the land), as if for the period mentioned in paragraph 9(1)(c) there were substituted the period of one month from the giving of the notice or (if a longer period is specified in the notice) that longer period.
In sub-paragraph (3), “relevant person” has the same meaning as in old section 28(6C).
A person to whom a stop notice is given may by notice appeal against it to the Secretary of State, but meanwhile it remains in effect.
Section 28F(3) to (11) shall apply in relation to such an appeal as they apply in relation to an appeal against a decision to withdraw a consent (see section 28F(1)(d)), but with the following modifications—
as if, in section 28F(3), for paragraphs (a) and (b) and the following words “or, in either case,” there were substituted “ within the period of two months beginning with the date of the stop notice, or ”; and
as if, for section 28F(5), there were substituted—
The Nature Conservancy Council may, by notice given to every owner and occupier of land to which a stop notice applies, vary a stop notice by removing any operation to which it applies or reducing the area of land to which it applies.
Where after giving a stop notice—the stop notice shall be deemed to be varied accordingly by the removal from the stop notice of the operation in question in relation to the land to which the consent, agreement or management scheme or notice relates.
the Council consent to an operation to which the stop notice applies;
an operation to which it applies becomes one which may be carried out under the terms of an agreement under section 16 of the National Parks and Access to the Countryside Act 1949 or section 15 of the Countryside Act 1968; or
an operation to which it applies becomes one which may be carried out in accordance with a management scheme under section 28J or a management notice under section 28K,
Modification of operation of section 28F
Section 28F(1)(a) does not apply to a refusal of a consent under old section 28(6)(a).
Section 28F(1)(b) does not apply to consents taking effect as mentioned in paragraph 8(1)(b).
Modification of operation of section 28H
Section 28H does not apply in relation to operations which have already begun on the date section 28H comes into force.
Section 29
If the relevant land is not included in a site of special scientific interest, section 28E applies to it as if it were (and accordingly section 28P(1) applies also); and references in section 28E to a notification under section 28(1)(b) shall be construed as references to an order under section 29.
Whether or not the relevant land is included in a site of special scientific interest, a notice given under section 29(4)(a) has effect as if it were a notice given under section 28E(1)(a), except as provided in paragraph 17.
Whether or not the relevant land is included in a site of special scientific interest, a consent given under section 29(5)(a) has effect as if it were a consent given under section 28E(3)(a), and in relation to such a consent section 28E has effect as if for subsections (7) and (8) there were substituted—
This paragraph applies where—
on the date on which paragraph 2 of Schedule 9 to this Act comes into force, neither of the conditions set out in section 29(5)(a) and (b) is fulfilled; and
on that date the period mentioned in paragraph (c) of section 29(5) (or in that paragraph as it has effect by virtue of section 29(6) or (7)) has expired.
Where this paragraph applies, but subject to paragraph 9(7) as it has effect by virtue of sub-paragraph (3) of this paragraph, the prohibition in section 28E(1) on carrying out, or causing or permitting to be carried out, an operation does not apply in relation to an operation specified in the notice under section 29(4)(a).
Paragraphs 9(3) to (11) and 11 of this Schedule apply also in relation to this paragraph, but as if—
in those provisions references to a notice under old section 28(5)(a) were to a notice under section 29(4)(a); and
the reference to “sub-paragraph (2)” in paragraph 9(7) were to sub-paragraph (2) of this paragraph.
This paragraph applies where—
as a result of the coming into force of paragraph 2 of Schedule 9 to this Act, a local inquiry or a hearing (as mentioned in paragraph 4(1)(a) and (b) respectively of Schedule 11 to the 1981 Act) comes to an end, and
an owner or occupier of land in relation to which an order under section 29 has been made has incurred expense in connection with opposing the order at the local inquiry or hearing.
If this paragraph applies, the Nature Conservancy Council shall (subject to sub-paragraph (3)) pay a person’s expenses referred to in paragraph (1)(b) to the extent that they are reasonable.
The Council need not pay any such expenses unless the person—
applies to the Council for such a payment; and
satisfies the Council that he has incurred the expenses.
Compensation and grants
After the repeal of section 29 by that paragraph, section 32 (duties of agriculture Ministers with respect to areas of special scientific interest) continues to apply, in relation to an application under that section relating to land to which section 29(3) applied immediately before its repeal, as if that land were included in a site of special scientific interest.
Offences and restoration orders
Powers of entry
Section 51 (powers of entry) has effect on and after the substitution date as if, in subsection (1), after paragraph (m) there were inserted—, and as if, in subsection (2)(a), after “paragraphs (a) to (k)” there were inserted “ and paragraph (n) ”.
Service of notices
Section 70A (service of notices) applies in relation to notices given under this Schedule as it applies in relation to notices and other documents required or authorised to be served or given under the 1981 Act.
Amendments relating to Part I of Wildlife and Countryside Act 1981
In section 1(5) of the 1981 Act (offence of intentional disturbance of wild birds) after “intentionally” there is inserted “ or recklessly ”.
In section 3 of that Act (areas of special protection) in subsection (1)(c) for “the offender shall be liable to a special penalty” there is substituted “ the offence shall be treated as falling within section 7(3A) ”.
In section 6 of that Act (sale etc. of live or dead wild birds, eggs etc.), in subsection (2) the words from “who is not” to “Secretary of State” are omitted.
In section 7 of that Act (registration etc. of certain captive birds), in subsection (3)(a), for “for which a special penalty is provided” there is substituted “ which falls within subsection (3A) ”.
After subsection (3) of that section there is inserted—.
In section 9 of that Act (protection of certain wild animals)—
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after that subsection there is inserted—
In section 16(3) of that Act (power to grant licences) for “and (4)” there is substituted “ , (4) and (4A) ”.
In section 19 of that Act (enforcement of Part I), in subsection (3) for the words from “suspecting that” to “has been committed” there is substituted “ suspecting that an offence under this Part has been committed ”.
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In section 20 of that Act (time limit for summary prosecution of certain offences under Part I)—
subsection (1) is omitted, and
in subsection (2) for “an offence to which this section applies” there is substituted “ an offence under this Part ”.
Sub-paragraph (1) does not have effect in relation to any offence committed before the commencement of this paragraph.
Section 21 of that Act (penalties, forfeitures etc. for offences under Part I) is amended as follows.
For subsections (1) to (3) there is substituted—
In subsection (4)—
in paragraph (a) for the words from “to a fine” to the end there is substituted “ to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both ”, and
in paragraph (b) for “to a fine” there is substituted “ to imprisonment for a term not exceeding two years or to a fine, or to both ”.
After subsection (4) there is inserted—
In subsection (5) the words “, (2) or (3)” are omitted.
Sub-paragraphs (1) to (5) and the repeal by this Act of provisions of the 1981 Act relating to special penalties do not have effect in relation to any offence committed before the commencement of this paragraph.
In section 24 of that Act (functions of the Nature Conservancy Councils), in subsection (4) for paragraph (c) there is substituted—.
In section 27 of that Act (interpretation of Part I), in subsection (1) after the definition of “wild plant” there is inserted—
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Areas of outstanding natural beauty: conservation boards
Interpretation
In this Schedule—“an English conservation board” means a conservation board for an area of outstanding natural beauty in England;“the relevant order”, in relation to a conservation board, means—the order under section 86 establishing that board, any order under that section relating to that board, or any order made in relation to that board in exercise of the power to amend an order under that section.
Status and constitution of conservation boards
A conservation board shall be a body corporate.
A conservation board shall consist of—
such number of local authority members as may be specified in the relevant order,
such number of members to be appointed by the Secretary of State or the National Assembly for Wales as may be so specified, and
in the case of an English conservation board, such number of parish members as may be so specified.
The numbers specified in the relevant order for any conservation board in relation to the membership of the board must be such that—
the number of local authority members is at least 40 per cent. of the total number of members, and
in the case of an English conservation board, the number of parish members is at least 20 per cent. of the total number of members.
Local authority members
The local authority members of a conservation board shall be appointed in accordance with the provisions of the relevant order.
The relevant order must provide either—
for the local authority members to be appointed by such of the local authorities for areas wholly or partly comprised in the area of outstanding natural beauty as may be specified in or determined under the order (“the relevant councils”), or
for the local authority members to be appointed by such of the relevant councils as may be determined in accordance with a scheme contained in the relevant order.
A person shall not be appointed as a local authority member of a conservation board unless he is a member of a local authority the area of which is wholly or partly comprised in the relevant area of outstanding natural beauty; and, in appointing local authority members of a conservation board, a local authority shall have regard to the desirability of appointing members of the authority who represent wards, or (in Wales) electoral wards, situated wholly or partly within the relevant area of outstanding natural beauty.
Subject to the following provisions of this Schedule and to the provisions of the relevant order, where a person who qualifies for his appointment by virtue of his membership of any local authority is appointed as a local authority member of a conservation board—
he shall hold office from the time of his appointment until he ceases to be a member of that authority; but
Sub-paragraph (4)(a) shall have effect so as to terminate the term of office of a person who, on retiring from any local authority, immediately becomes such a member again as a newly elected councillor; but a person who so becomes a member again shall be eligible for re-appointment to the conservation board.
The appointment of any person as a local authority member of a conservation board may provide that he is not to be treated for the purposes of sub-paragraph (4) as qualifying for his appointment by virtue of his membership of any local authority other than that specified in the appointment.
In paragraph 2(1) of Schedule 1 to the Local Government and Housing Act 1989 (bodies to which appointments have to be made taking account of political balance), after paragraph (ba) there is inserted—.
Parish members
The parish members of an English conservation board shall be appointed in accordance with the provisions of the relevant order, by—
the parish councils for parishes the whole or any part of which is comprised in the relevant area of outstanding natural beauty, and
the parish meetings of any of those parishes which do not have separate parish councils.
A person shall not be appointed as a parish member of an English conservation board unless he is—
a member of the parish council for a parish the whole or any part of which is comprised in the relevant area of outstanding natural beauty, or
the chairman of the parish meeting of a parish—
which does not have a separate parish council, and
the whole or any part of which is comprised in the relevant area of outstanding natural beauty.
Subject to the following provisions of this Schedule and to the provisions of the relevant order, where a person who qualifies for his appointment by virtue of his membership of a parish council is appointed as a parish member of an English conservation board, he shall hold office from the time of his appointment until he ceases to be a member of that parish council.
Subject to the following provisions of this Schedule and to the provisions of the relevant order, where a person who qualifies for his appointment by virtue of his being the chairman of a parish meeting is appointed as a parish member of an English conservation board, he shall hold office from the time of his appointment until he ceases to be the chairman of that parish meeting.
Sub-paragraph (3) or (4) shall not have effect so as to terminate the term of office of a person who retires from a parish council, or ceases to be the chairman of a parish meeting, until such time as may be determined by the Secretary of State or the National Assembly for Wales in accordance with the relevant order.
A person who—becomes a member of the parish council again as a newly elected councillor or, as the case may be, is elected to succeed himself as chairman of any parish meeting is eligible for re-appointment to the conservation board at the time mentioned in sub-paragraph (5).
on retiring from a parish council, or
on ceasing to be the chairman of a parish meeting,
Members appointed by the Secretary of State or the National Assembly for Wales
Before appointing any person as a member of a conservation board, the Secretary of State shall consult Natural England.
Before appointing any person as a member of a conservation board, the National Assembly for Wales shall consult the NRBW.
Subject to the following provisions of this Schedule and to the provisions of the relevant order, a person appointed as a member of a conservation board by the Secretary of State or the National Assembly for Wales—
shall hold office for such period of not less than one year nor more than three years as may be specified in the terms of his appointment; but
on ceasing to hold office shall be eligible for re-appointment.
The term of office of a person appointed by the Secretary of State or the National Assembly for Wales to fill such a vacancy in the membership of a conservation board as occurs where a person appointed by the Secretary of State or the Assembly ceases to be a member of the board before the end of his term of office may be for a period of less than one year if it is made to expire with the time when the term of office of the person in respect of whom the vacancy has arisen would have expired.
Subject to the provisions of this Schedule and of the relevant order, a member of a conservation board appointed by the Secretary of State or the National Assembly for Wales shall hold office in accordance with the terms of his appointment.
Chairman and deputy chairman
The members of a conservation board shall elect, from amongst their members, both a chairman and a deputy chairman of the board.
Subject to sub-paragraphs (3) and (4), the chairman and deputy chairman of a conservation board shall be elected for a period not exceeding one year; but a person so elected shall, on ceasing to hold office at the end of his term of office as chairman or deputy chairman, be eligible for re-election.
A person shall cease to hold office as chairman or deputy chairman of a conservation board if he ceases to be a member of the board.
Where a vacancy occurs in the office of chairman or deputy chairman of a conservation board, it shall be the duty of the members of that board to secure that the vacancy is filled as soon as possible.
Audit
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Supplemental powers of conservation boards
Interpretation
In this Schedule—“common”, “disposal” and “open space” have the same meaning as in the Town and Country Planning Act 1990;“relevant order” has the same meaning as in Schedule 13.
Power to acquire land
For the purposes of any of their functions under this or any other enactment, a conservation board may acquire by agreement any land, whether situated inside or outside their area of outstanding natural beauty.
The reference in sub-paragraph (1) to acquisition by agreement is a reference to acquisition for money or money’s worth as purchaser or lessee.
Power to dispose of land
Subject to paragraphs 4 to 6 and to the provisions of the relevant order, a conservation board may dispose, in any manner they wish, of land which is held by them but no longer required by them for the purposes of their functions.
Except with the consent of the Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales), a conservation board may not—
dispose under paragraph 3 of land which consists of or forms part of a common, or formerly consisted of or formed part of a common, and is managed by a local authority in accordance with a local Act,
dispose under paragraph 3 of land, otherwise than by way of a short tenancy, for a consideration less than the best that can reasonably be obtained.
For the purposes of this paragraph a disposal of land is a disposal by way of a short tenancy if it consists—
of the grant of a term not exceeding seven years, or
of the assignment of a term which at the date of the assignment has not more than seven years to run.
A conservation board may not dispose under paragraph 3 of any land consisting of or forming part of an open space unless before disposing of the land they cause notice of their intention to do so, specifying the land in question, to be advertised in two consecutive weeks in a newspaper circulating in the area in which the land is situated, and consider any objections to the proposed disposal which may be made to them.
Section 128 of the Local Government Act 1972 (consents to land transactions by local authorities) applies in relation to a conservation board as if a conservation board were a principal council and as if paragraphs 3 to 5 were contained in Part VII of that Act.)
Provisions as to charges
In section 152(2) of the Local Government and Housing Act 1989 (provisions as to charges), after paragraph (ja) there is inserted—; and section 151 of that Act (power to amend existing provisions as to charges) shall have effect as if references to an existing provision included references to any such provision as applied by or under Part IV of this Act.
Areas of outstanding natural beauty: consequential amendments and transitional provisions
Consequential amendments
National Parks and Access to the Countryside Act 1949 (c. 97)
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In section 112(2) of that Act (provisions not applying to Epping Forest and Burnham Beeches), for “eighty-seven” there is substituted “ eighty-nine ”.
In section 114(1) of that Act (interpretation), for the definition of “area of outstanding natural beauty” there is substituted—.
Harbours Act 1964 (c. 40)
Highways Act 1980 (c. 66)
In section 105A of the 1980 Act (environmental impact assessments), in subsection (6), for paragraph (e) there is substituted—.
Derelict Land Act 1982 (c. 42)
In section 1 of the Derelict Land Act 1982 (powers of Secretary of State), in subsection (11), in the definition of “area of outstanding natural beauty” for “section 87 of the National Parks and Access to the Countryside Act 1949” there is substituted “ section 82 of the Countryside and Rights of Way Act 2000 ”.
Road Traffic Regulation Act 1984 (c. 27)
In section 22 of the Road Traffic Regulation Act 1984 (traffic regulation for special areas in the countryside), at the end of subsection (1)(a)(ii) there is inserted “ designated as such under section 82 of the Countryside and Rights of Way Act 2000 ”.
Housing Act 1985 (c. 68)
In section 37 of the Housing Act 1985 (restriction on disposal of dwelling-houses in National Parks, etc), in subsection (1)(b) for “section 87 of the National Parks and Access to the Countryside Act 1949” there is substituted “ section 82 of the Countryside and Rights of Way Act 2000 ”.
In section 157 of that Act (restriction on disposal of dwelling-houses in National Parks, etc), in subsection (1)(b) for “section 87 of the National Parks and Access to the Countryside Act 1949” there is substituted “ section 82 of the Countryside and Rights of Way Act 2000 ”.
Town and Country Planning Act 1990 (c. 8)
In section 87 of the Town and Country Planning Act 1990 (exclusion of certain descriptions of land or development from a simplified planning zone), in subsection (1)(d) for “section 87 of the National Parks and Access to the Countryside Act 1949” there is substituted “ section 82 of the Countryside and Rights of Way Act 2000 ”.
Environmental Protection Act 1990 (c. 43)
In section 130 of the Environmental Protection Act 1990 (countryside functions of Countryside Council for Wales), in subsection (2)(a) after “National Parks or” there is inserted “ under the Countryside and Rights of Way Act 2000 ”.
Water Industry Act 1991 (c. 56)
In section 156 of the Water Industry Act 1991 (restriction on disposals of land), in subsection (8), in paragraph (a) of the definition of “area of outstanding natural beauty or special scientific interest”, for “for the purposes of the National Parks and Access to the Countryside Act 1949” there is substituted “ under section 82 of the Countryside and Rights of Way Act 2000 ”.
Environment Act 1995 (c. 25)
Housing Act 1996 (c. 52)
Transitional provisions
In this Part “commencement” means the commencement of section 82.
Any order under section 87 of the 1949 Act (designation of areas of outstanding natural beauty) which is in force immediately before commencement is to be taken to have been made under section 82 in accordance with the provisions of Part IV of this Act, and may be amended or revoked by an order under that section.
Any reference in any instrument or document (whenever made) to designation as an area of outstanding natural beauty under section 87 of the 1949 Act or to an order under that section is, in relation to any time after commencement, to be taken to be a reference to designation as such an area under section 82 or to an order under that section.
Repeals
Access to the countryside
Public rights of way and road traffic
Sites of special scientific interest
Wildlife
Areas of outstanding natural beauty
Other