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SCHEDULE 2
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RESTRICTIONS TO BE OBSERVED BY PERSONS HAVING ACCESS TO ACCESS LAND |
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General restrictions |
| | 1. Section 2(1) does not apply to a person who, in or upon the land in question-
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(a) 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, |
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(b) uses a vessel or sailboard on any non-tidal water, |
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(c) has with him any animal other than a dog, |
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(d) lights or tends a fire or does any act which is likely to cause a fire, |
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(e) intentionally or recklessly takes, kills, injures or disturbs any animal, bird or fish, |
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(f) intentionally or recklessly takes, damages or destroys any eggs or nests, |
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(g) bathes in any non-tidal water, |
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(h) engages in any operations of or connected with hunting, shooting, fishing, snaring, taking or destroying of animals, birds or fish or has with him any engine, instrument or apparatus used for hunting, shooting, fishing, snaring, taking or destroying animals, birds or fish, |
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(i) intentionally or recklessly damages the land, |
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(j) intentionally removes, damages or destroys any plant, shrub, tree or root or any part of a plant, shrub, tree or root, |
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(k) intentionally or recklessly damages or destroys any other thing on or in the land, |
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(l) obstructs the flow of any drain or watercourse, or opens, shuts or otherwise interferes with any sluice-gate or other apparatus, |
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(m) breaks through any gate, hedge, fence or wall, |
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(n) 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, |
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(o) affixes or writes any advertisement, bill, placard or notice, |
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(p) deposits any rubbish or leaves any litter, |
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(q) engages in riotous, disorderly or indecent conduct, |
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(r) 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- |
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(i) of intimidating those persons so as to deter them or any of them from engaging in that activity,
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(ii) of obstructing that activity, or
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(iii) of disrupting that activity,
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(s) without reasonable excuse, does anything which (whether or not intended by him to have the effect mentioned in paragraph (r)) disturbs, annoys or obstructs any persons engaged in a lawful activity on the land, |
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(t) engages in any organised games, or in camping, hang-gliding or para-gliding, or |
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(u) engages in any activity which is organised or undertaken (whether by him or another) for any commercial purpose. |
| | 2. For the purposes of paragraph 1(r) and (s), 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.
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| | 3. Regulations may amend paragraphs 1 and 2.
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Restrictions in respect of dogs |
| | 4. - (1) During the period beginning with 1st March and ending with 30th June in each year, section 2(1) does not apply to a person who takes, or allows to enter or remain, any dog which is not on a lead.
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(2) Regulations may amend sub-paragraph (1) by substituting for the period for the time being specified there such other period as may be specified in the regulations.
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| | 5. - (1) Whatever the time of year, section 2(1) does not apply to a person who takes, or allows to enter or remain, any dog which is not on a lead and which is in the vicinity of livestock.
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(2) In this paragraph "livestock" means cattle, sheep, goats, swine, horses or poultry, and for the purposes of this sub-paragraph "cattle" means bulls, cows, oxen, heifers or calves, "horses" include asses and mules, and "poultry" means domestic fowls, turkeys, geese or ducks.
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Exclusion of restrictions |
| | 6. - (1) The relevant authority may by direction, with the consent of the owner of any land, exclude the application of any of the restrictions imposed by paragraphs 1, 4 and 5 in relation to that land, either indefinitely or during a specified period.
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(2) In sub-paragraph (1), the reference to a specified period includes references-
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(a) to a specified period in every calendar year, or |
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(b) to a period which is to be determined by the owner of the access land in accordance with the direction and notified by him to the relevant authority in accordance with regulations. |
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(3) Regulations may make provision as to-
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(a) the giving or revocation of directions under this paragraph, |
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(b) the giving or revocation of consent for the purposes of sub-paragraph (1), and |
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(c) 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. |
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(4) In this paragraph-
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"the relevant authority"- |
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(a) in relation to any land in a National Park, means the National Park authority, and
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(b) in relation to any other land, means the appropriate countryside body;
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"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. |
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Dedicated land |
| | 7. 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.
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