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Provision of means of access. |
6. - (1) If any person represents to the authority that there are not sufficient means of access to any open country from a public highway the authority upon being satisfied that no such means exist shall take such steps as are necessary to ensure that such access is thenceforth available as of right. |
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(2) Provision for such access to the land may be by the provision by any one or more of the following, that is to say- |
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(a) the improvement or repair of any means of access to the land in existence at the date of the coming into force of this Act; |
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(b) the construction of any new means of access to the land including making a creation order as provided for in section 26 of the Highways Act 1980; |
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(c) the imposition of restrictions on the destruction, removal, or stopping-up of any means of access to the land, or the doing of anything whereby the use of any such means of access by the public would be impeded; and |
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(d) the maintenance of any such means of access to the land as are mentioned in paragraph (a) and (b) of this subsection. |
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(3) No provision made under this section shall- |
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(a) apply to land which is for the time being excepted land or non-conforming land, or authorise or require anything to be done in relation to such land or any means of access thereto; |
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(b) affect the doing of anything whereby any land becomes excepted or non-conforming land; or |
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(c) require, or authorise any person to require, any work to be carried out at the expense of any person interested in the land except as hereafter in this section expressly provided. |
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(4) Where it appears to the authority that any work is required for giving effect to any such provision as provided for in this section the authority may agree with the owner or occupier of the land as to the carrying out of the work, and where it is agreed that it should be carried out otherwise than by the authority may defray the cost of the carrying out thereof or may contribute such part of that cost as may be specified in the agreement. |
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(5) If in a case falling within subsection (4) above- |
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(a) the authority are unable to make an agreement; or |
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(b) the owner or occupier fails to carry out within a reasonable period any work that he had agreed to carry out, |
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the authority after giving to the owner or occupier (as the case may be) not less than 14 days' notice of their intention so to do may take all necessary steps for carrying out the work; and where in a case to which paragraph (b) of this subsection applies, the agreement provided that the authority should contribute part of the cost of carrying out the work, the authority may recover the amount of any expenses reasonably incurred by them, in carrying out the work reduced by their contribution under the agreement, from the person by whom the cost (apart from the authority's contribution) of carrying out the work would fall to be borne |
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(6) In this section the expression "means of access" means access on foot and, in relation to land, means an opening in a wall, fence or hedge bounding the land or any part thereof, 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 any part thereof, or any bridge, stepping stone or other works for crossing a water course, ditch or bog on the land or adjoining the boundary thereof. |
Application of general provisions of the 1949 Act. |
7. - (1) Any access agreement or order made under the provisions of Part V of the 1949 Act or any provision for access in an agreement made under section 39 of the Wildlife and Countryside Act 1981 shall continue to have full force and effect in accordance with the terms thereof notwithstanding any variation or repeal of the law as a result of this Act but without any additional provisions for compensation as provided for therein. |
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(2) Upon the expiration or the determination of any such access agreement or order the land to which the said agreement or order related shall thenceforth be subject to the provisions of this Act. |
Obstruction of access to open country. |
8. If a person without lawful authority or excuse in any way wilfully prevents or obstructs access to open country on foot he is guilty of an offence and on a first conviction shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale provided that in the event of a second or subsequent conviction within a period of five years from the first conviction he shall be liable to a fine not exceeding level 5 on the standard scale. |
Penalty for displaying signs deterring public access. |
9. - (1) If any person places or maintains on or near any land to which this Act applies a sign containing any false or misleading statement likely to deter the public from entering or being on the land, he shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale. |
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(2) Where such a sign has been placed or maintained on such land the authority may by not less than fourteen days notice require the person having possession or control of the land to remove the said sign and if the sign is not removed within the time specified in the notice the authority shall remove the sign and recover the expense reasonably incurred by it in so doing from the person having possession or control of the land. |
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(3) The court before whom a person is convicted of an offence under subsection (1) above may, in addition to or in substitution for the imposition of a fine, order him to remove the sign in respect of which he is convicted within such period, not being less than four days, as may be specified in the order; and if he fails to comply with the order he shall be liable on summary conviction to a fine not exceeding ten pounds for each day on which the failure continues. |
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(4) It shall be the duty of the authority to enforce the provisions of this section. |
Occupier's liability. |
10. A person in or upon land to which this Act applies is not for the purposes of the Occupier's Liability Act 1957 a visitor of the occupier of the land. |
Application to the Crown. |
11. - (1) This Act shall apply to land belonging to Her Majesty in right of the Crown or the Duchy of Lancaster, to land belonging to the Duchy of Cornwall and to land belonging to a government department. |
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(2) For the purpose of this Act the following shall be deemed to hold interests in land to which this Act applies by virtue of this section, that is to say- |
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(a) in the case of land belonging to Her Majesty in right of the Crown, the Crown Estate Commissioners, or the Secretary of State according as the land is under the management of those Commissioners or the Secretary of State; |
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(b) in the case of land belonging to Her Majesty in right of the Duchy of Lancaster, the Chancellor of the Duchy; |
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(c) in the case of land belonging to the Duchy of Cornwall, such person as the Duke of Cornwall or the possessor for the time being of the Duchy of Cornwall appoints; and |
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(d) in the case of land belonging to a Government department the Secretary of State or the Minister responsible for that department. |
Money. |
12. There shall be paid out of money provided by Parliament- |
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(a) any expenses of any Minister of the Crown attributable to the provisions of this Act, and |
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(b) any increase attributable to the provisions of this Act in the sums so payable under any other enactment. |
Interpretation. |
13. In this Act- |
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"the 1949 Act" means the National Park and Access to the Countryside Act 1949; |
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"the 1965 Act" means the Commons Registration Act 1965. |
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(a) any unitary authority; or
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(b) any district council (so far as it is not a unitary authority); and
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"the commencement day" shall be one month from the passing of this Act; |
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"common land" means land shown on the register of common land prepared and maintained by virtue of the 1965 Act; |
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"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 interest in land or by virtue of a licence or agreement, and in particular sporting rights; |
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"a unitary authority" means- |
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(a) the council of a county, so far as it is the council of an area for which there are no district councils; or
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(b) the council of any district comprised in an area for which there is no county council; or
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(c) the council of a London Borough; or
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(d) the council of a county borough in Wales;
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Short title and extent. |
14. - (1) This Act may be cited as the Access to the Countryside Act 1997. |
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(2) This Act does not extend to Scotland or Northern Ireland. |