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Miscellaneous provisions relating to right of access |
| Byelaws. |
17. - (1) An access authority may, as respects access land in their area, make byelaws-
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(a) for the preservation of order, |
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(b) for the prevention of damage to the land or anything on or in it, and |
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(c) 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. |
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(2) Byelaws under this section may relate to all the access land in the area of the access authority or only to particular land.
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(3) Before making byelaws under this section, the access authority shall consult the appropriate countryside body.
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(4) Byelaws under this section shall not interfere-
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(a) with the exercise of any public right of way, |
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(b) with any authority having under any enactment functions relating to the land to which the byelaws apply, or |
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(c) with the running of a telecommunications code system or the exercise of any right conferred by or in accordance with the telecommunications code on the running of any such system. |
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(5) 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 whether or not the authority making them is a local authority within the meaning of that Act.
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(6) The confirming authority in relation to byelaws made under this section is-
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(a) as respects England, the Secretary of State, and |
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(b) as respects Wales, the National Assembly for Wales. |
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(7) Any access authority having power under this section to make byelaws also has power to enforce byelaws made by them; and any county council or district council may enforce byelaws made under this section by another authority as respects land in the area of the council.
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| Wardens. |
18. - (1) An access authority or a district council may appoint such number of persons as may appear to the authority to be necessary or expedient to act as wardens as respects access land in their area.
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(2) Wardens may be appointed under subsection (1) for the following purposes-
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(a) to secure compliance with byelaws under section 17 and with the general restrictions in Schedule 2, |
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(b) in relation to the right conferred by section 2(1), to advise and assist the public and persons interested in access land, |
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(c) to perform such other duties (if any) in relation to access land as the authority may determine. |
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(3) 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.
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(4) 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 (3); and shall also produce evidence of his authority while he remains on the access land, if so required by any person.
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(5) Except as provided by subsection (3), this section does not authorise a warden appointed under subsection (1), on land in which any person other than the authority which 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.
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| Notices indicating boundaries, etc. |
19. - (1) An access authority may erect and maintain-
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(a) notices indicating the boundaries of access land and excepted land, and |
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(b) notices informing the public of- |
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(i) the effect of the general restrictions in Schedule 2, and
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(ii) the exclusion or restriction under Chapter II of access by virtue of section 2(1) to any land.
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(2) In subsection (1)(b)(ii), the reference to the exclusion or restriction of access by virtue of section 2(1) is to be interpreted in accordance with section 20(2) and (3).
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(3) 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).
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