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CHAPTER II |
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EXCLUSION OR RESTRICTION OF ACCESS |
| Interpretation of Chapter II. |
20. - (1) 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).
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(2) 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.
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(3) 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-
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(a) is exercisable only along specified routes or ways, |
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(b) is exercisable only after entering the land at a specified place or places, |
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(c) is exercisable only by persons who do not take dogs on the land, or |
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(d) is exercisable only by persons who satisfy any other specified conditions. |
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(4) In this Chapter-
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"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; |
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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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| Exclusion or restriction at discretion of owner and others. |
21. - (1) Subject to subsections (2) and (6), an entitled person may, by giving notice to the relevant authority in accordance with regulations under section 30(1)(a), exclude or restrict access by virtue of section 2(1) to any land on one or more days specified in the notice.
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(2) 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.
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(3) In this section "entitled person", in relation to any land, means-
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(a) the owner of the land, and |
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(b) any other person having an interest in the land and falling within a prescribed description. |
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(4) Subject to subsection (5), in this section "the relevant maximum" means twenty-eight.
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(5) 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.
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(6) An entitled person may not under this section exclude or restrict access by virtue of section 2(1) to any land on-
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(a) a Saturday or Sunday, |
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(b) Christmas Day or Good Friday, or |
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(c) any day which is a bank holiday under the Banking and Financial Dealings Act 1971 in England and Wales. |
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(7) Regulations may amend subsection (6) so as to vary the days on which access by virtue of section 2(1) cannot be excluded or restricted under this section.
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| Land management. |
22. - (1) 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.
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(2) The reference in subsection (1) to a specified period includes a reference to-
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(a) a specified period in every calendar year, or |
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(b) a period which is to be- |
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(i) determined by the applicant in accordance with the direction, and
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(ii) notified by him to the relevant authority in accordance with regulations under section 30(1)(c).
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(3) 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-
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(a) the existence of the right conferred by section 21, |
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(b) the extent to which the applicant has exercised or proposes to exercise that right, and |
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(c) the purposes for which he has exercised or proposes to exercise it. |
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(4) 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.
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| Avoidance of risk of fire or of danger to the public. |
23. - (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-
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(a) that, by reason of any exceptional conditions of weather, 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 |
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(b) 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. |
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(2) The reference in subsection (1) to a specified period includes a reference to-
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(a) a specified period in every calendar year, and |
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(b) a period which is to be- |
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(i) determined by a specified person in accordance with the direction, and
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(ii) notified by him to the relevant authority in accordance with regulations under section 30(1)(c).
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(3) 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.
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(4) 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-
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(a) the existence of the right conferred by section 21, |
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(b) the extent to which the applicant has exercised or proposes to exercise that right, and |
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(c) the purposes for which he has exercised or proposes to exercise it. |
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(5) 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.
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| Nature conservation and heritage preservation. |
24. - (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).
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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, or |
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(c) during a period which is to be- |
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(i) determined by the owner of the land or the relevant advisory body in accordance with the direction, and
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(ii) notified by him or it to the relevant authority in accordance with regulations under section 30(1)(c), or
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(3) The purposes referred to in subsection (1) are-
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(a) the purpose of conserving flora, fauna or geological or physiographical features of the land in question; |
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(b) the purpose of preserving- |
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(i) any scheduled monument as defined by section 1(11) of the Ancient Monuments and Archaeological Areas Act 1979, or
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(ii) any other structure, work, site, garden or area which is of historic, architectural, traditional, artistic or archaeological interest.
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(4) 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.
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(5) Subsection (4) does not apply where the direction-
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(a) relates to land which is in Wales and not in a National Park, and |
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(b) is given by the Countryside Council for Wales for the purpose specified in subsection (3)(a) or revokes a direction given by them for that purpose. |
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(6) In this section "the relevant advisory body"-
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(a) 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- |
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(i) in the case of land in England, the Nature Conservancy Council for England, and
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(ii) in the case of land in a National Park in Wales, the Countryside Council for Wales, and
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(b) 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- |
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(i) in the case of land in England, the Historic Buildings and Monuments Commission for England, and
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(ii) in the case of land in Wales, the National Assembly for Wales.
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| Directions by relevant authority: general. |
25. - (1) Any direction under section 22, 23 or 24 may be revoked or varied by a subsequent direction under that provision.
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(2) Where a direction given under section 22, 23 or 24 in relation to any land by the relevant authority 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 authority shall review the direction not later than the fifth anniversary of the relevant date.
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(3) In subsection (2) "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 already been reviewed, the day on which it was last reviewed. |
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(4) Before revoking or varying a direction under section 22 or 23 which was given on the application of a person interested in the land to which the direction relates ("the original applicant"), the relevant authority shall-
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(a) 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 |
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(b) where the original applicant does not hold that interest, consult any person who holds that interest and with whom consultation is reasonably practicable. |
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(5) Before revoking or varying a direction under section 24, the relevant authority shall consult the relevant advisory body as defined by section 24(6), unless the direction falls within section 24(5).
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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 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 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. |
