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| Defence or national security. |
26. - (1) The Secretary of State may by direction exclude or restrict access by virtue of section 2(1) to any access 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.
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(2) A direction under subsection (1) may be expressed to have effect-
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(a) during a period specified in the direction, |
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(b) during a specified period in every calendar year, |
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(c) during a period which is to be- |
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(i) determined in accordance with the direction by a person authorised by the Secretary of State, and
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(ii) notified by that person to the relevant authority in accordance with regulations under section 30(1)(c), or
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(3) Any direction given by the Secretary of State under this section may be revoked or varied by a subsequent direction.
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(4) Where a direction given under this section in relation to any access land excludes or restricts access to the land-
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(b) for part of every year or of each of six or more consecutive calendar years, or |
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(c) for a specified period of more than five years, |
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the Secretary of State shall review the direction not later than the fifth anniversary of the relevant date.
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(5) In subsection (4) "the relevant date", in relation to a direction, means-
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(a) the day on which the direction was given, or |
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(b) where it has previously been reviewed, the day on which it was last reviewed. |
| Reference by relevant advisory body. |
27. - (1) Subsections (2) and (3) apply where-
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(a) the relevant advisory body has given advice under section 24(4) or on being consulted under section 25(5), but |
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(b) in any respect, the relevant authority decide not to act in accordance with that advice. |
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(2) The relevant advisory body may refer the decision-
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(a) in the case of land in England, to the Secretary of State, or |
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(b) in the case of land in Wales, to the National Assembly for Wales. |
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(3) On a reference under this section the Secretary of State or the National Assembly for Wales may, if he or it thinks fit-
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(a) cancel any direction given by the relevant authority, or |
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(b) require the relevant authority to give such direction under section 24 as the Secretary of State or, as the case may be, the Assembly, think fit. |
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(4) Sections 7 and 8 (and Schedule 3) have effect in relation to a reference under this section as they have effect in relation to an appeal under section 6.
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(5) In this section "the relevant advisory body" has the same meaning as in section 24, except that it does not include the National Assembly for Wales.
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| Appeal by person interested in land. |
28. - (1) Subsections (2) and (3) apply where-
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(a) a person interested in any access land (in this section referred to as "the applicant")- |
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(i) has applied for a direction under section 22 or 23, or
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(ii) has made representations on being consulted under section 25(4), but
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(b) in any respect, the relevant authority decide not to act in accordance with the application or the representations. |
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(2) The relevant authority shall inform the applicant of their reasons for not acting in accordance with the application or representations.
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(3) The applicant may appeal against the decision-
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(a) in the case of land in England, to the Secretary of State, or |
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(b) in the case of land in Wales, to the National Assembly for Wales. |
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(4) On appeal under this section the Secretary of State or the National Assembly for Wales may, if he or it thinks fit-
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(a) cancel any direction given by the relevant authority, or |
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(b) require the relevant authority to give such direction under section 22 or 23 as the Secretary of State or, as the case may be, the Assembly, think fit. |
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(5) Sections 7 and 8 (and Schedule 3) have effect in relation to an appeal under this section as they have effect in relation to an appeal under section 6.
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| Exclusion or restriction of access in case of emergency. |
29. - (1) Regulations may make provision enabling the relevant authority, where the authority is satisfied that an emergency has arisen which makes the exclusion or restriction of such access necessary for any of the purposes specified in section 22(1), 23(1) or 24(3), by direction to exclude or restrict access by virtue of section 2(1) in respect of any access land for a period not exceeding three months.
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(2) 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.
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| Regulations relating to exclusion or restriction of access. |
30. - (1) Regulations may make provision-
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(a) as to the giving of notice under section 21(1), |
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(b) as to the procedure on any application to the relevant authority under section 22 or 23, including the period within which any such application must be made, |
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(c) as to the giving of notice for the purposes of section 22(2)(b)(ii), 23(2)(b)(ii), 24(2)(c)(ii) or 26(2)(c)(ii), |
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(d) as to requirements to be met by relevant authorities in relation to consultation (whether or not required by the preceding provisions of this Chapter), |
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(e) as to the giving of directions by relevant authorities, |
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(f) as to notification by relevant authorities of decisions under this Chapter, |
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(g) as to steps to be taken by persons interested in access land, by relevant authorities, by the bodies specified in section 24(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, |
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(h) as to the carrying out of reviews by relevant authorities under section 25(2) or by the Secretary of State under section 26(4), |
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(i) as to the period within which and manner in which appeals under clause 28 are to be brought, |
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(j) as to the advertising of such an appeal, and |
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(k) as to the manner in which such appeals are to be considered. |
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(2) Regulations made under subsection (1)(h) may provide for any of the provisions of this Chapter relating to appeals to apply (with or without modifications) on a review under section 25.
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| Guidance by countryside bodies to National Park authorities. |
31. - (1) Subject to subsection (3), the Countryside Agency may issue guidance to National Park authorities in England with respect to the discharge by National Park authorities of their functions under this Chapter.
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(2) Subject to subsection (3), the Countryside Council 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.
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(3) The Countryside Agency or the Countryside Council for Wales may not issue any guidance under this section unless the guidance has been approved-
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(a) in the case of the Countryside Agency, by the Secretary of State, and |
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(b) in the case of the Countryside Council for Wales, by the National Assembly for Wales. |
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(4) Where the Countryside Agency or the Countryside Council for Wales issue any guidance under this section, they shall arrange for the guidance to be published in such manner as they consider appropriate.
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(5) A National Park authority shall have regard to any guidance issued to them under this section.
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