The Access to the Countryside (Exclusions and Restrictions) (England) Regulations 2003

Made: 22nd October 2003

Laid before Parliament: 24th October 2003

Coming into force: 17th November 2003

The Secretary of State for Environment, Food and Rural Affairs, in exercise of the powers conferred upon her by sections 23(1) and (2), 32, 44(2), 45(1)[^f00001], 94 and 95(5) of the Countryside and Rights of Way Act 2000[^f00002], and of all other powers enabling her in that behalf, hereby makes the following Regulations:

PART I — PRELIMINARY

Title, commencement and application

1

• (1) These Regulations may be cited as the Access to the Countryside (Exclusions and Restrictions) (England) Regulations 2003 and shall come into force on 17th November 2003.

• (2) These Regulations apply in relation to England only[^f00003].

General interpretation

2

• (1) In these Regulations—

• “the Act” means the Countryside and Rights of Way Act 2000;

• ...

• “electronic communication” has the meaning given in section 15(1) of the Electronic Communications Act 2000[^f00004]

• “right of access” means the right conferred by section 2(1);

• “working day” means any day other than—a Saturday, Sunday, Christmas Day or Good Friday; orany day which is a bank holiday under the Banking and Financial Dealings Act 1971[^f00005] in England.

• (2) Any reference in these Regulations to a notice in writing includes a reference to a notice given by means of an electronic communication.

• (3) In these Regulations references to sections are to sections of the Act.

Use of electronic communications

3

• (1) Any requirement imposed by or under these Regulations as to the giving or sending by one person to another of a notice or other document may be met by means of an electronic communication if—

• (a) the use of such a communication results in the information contained in that notice or document being available to the other person in all material respects as it would appear in a notice or document given or sent in printed form; and

• (b) the other person has consented to the information being made available to him by such means.

• (2) Where, under paragraph (1), an electronic communication is used for the purposes of giving or sending a document—

• (a) any requirement for the notice or document to be given or sent by a particular time shall be met in respect of an electronic communication only if the conditions mentioned in paragraph (1) are met by that time; and

• (b) any requirement for more than one copy to be sent on any single occasion may be complied with by a single such communication.

• (3) For the purposes of paragraph (1)(a), “in all material respects” means in all respects material to an exact reproduction of the content of the information as it would appear in a notice given or sent in printed form.

PART II — EXCLUSIONS AND RESTRICTIONS

Notice of exclusion or restriction of access under section 22

4

• (1) Notice given by an entitled person to the relevant authority under section 22(1) for the purpose of excluding or restricting the right of access to any land shall state—

• (a) the name and postal address of the entitled person;

• (b) the nature of the entitled person’s interest in the land;

• (c) the location and extent of the land to be affected by the exclusion or restriction, sufficiently to enable it to be identified by the authority, whether by marking it on a map or otherwise;

• (d) the days and, if for less than twenty-four hours in a single day, the times during which the exclusion or restriction is to apply; and

• (e) the purpose of the exclusion or restriction and, in the case of a restriction, the nature of it.

• (2) Notice of any information under paragraph (1) may be given to a relevant authority by instalments, and shall be regarded as having been received by the authority when they have received all the required information.

• (3) Notice of the information referred to in paragraph (1)(a) and (b) shall be given to the relevant authority in writing.

• (4) Notice of the information referred to in paragraph (1)(c), (d) and (e) shall be given to the relevant authority in writing or, subject to paragraph (8), by telephone.

• (5) Subject to paragraph (6), notice given by an entitled person under paragraph (1) excluding or restricting access shall not have effect until the expiry of five working days after the day on which it is received by the relevant authority.

• (6) Notice given by an entitled person under paragraph (1) excluding or restricting the right of access for no more than four hours, or for no more than five days in relation to not more than five hectares of land, shall not have effect unless—

• (a) the notice is received by the relevant authority not less than two hours before the time at which the exclusion or restriction is to commence, and

• (b) the exclusion or restriction will not prevent access to any other land to which there is a right of access at such time.

• (7) Notice given under paragraph (1), other than notice of an exclusion or restriction mentioned in paragraph (6), may be withdrawn by the entitled person by further notice to the relevant authority in writing or, subject to paragraph (8), by telephone, provided that such notice is received by the authority not less than two working days before the time at which the exclusion or restriction is to commence.

• (8) Where, pursuant to this regulation, notice of any matter is given by telephone, it shall not be effective unless the relevant authority indicate during the course of the telephone conversation in which the information is given to them that they are satisfied as to the identity of the person giving it, and—

• (a) in the case of any information given for the purposes of paragraph (1)(c), that the location and extent of the land are sufficiently described to enable the authority to identify the land;

• (b) in the case of any information given for the purposes of paragraph (1)(e), that it is sufficient to enable the authority to understand the purpose of the exclusion or restriction in question and, in the case of a restriction, the nature of it.

Restriction on the right of access with dogs

5

• (1) Any restriction on the right of access which is imposed by the owner of any land under section 23(1) or (2) shall only be effective if notice is given by that person to the relevant authority in accordance with paragraphs (2) and (3).

• (2) Notice given by the owner of the land for the purposes of paragraph (1) shall be in writing and shall state—

• (a) his name and postal address;

• (b) the nature of his interest in the land to which the restriction will apply;

• (c) the location and extent of the land to be affected by the restriction, sufficiently to enable it to be identified by the relevant authority, whether by marking it on a map or otherwise;

• (d) the period of the restriction;

• (e) whether the restriction is imposed under section 23(1) or under section 23(2); and

• (f) that—

• (i) in the case of a restriction to be imposed under section 23(1), the land is a moor managed for the breeding and shooting of grouse and will remain so during the period referred to in sub-paragraph (d); or

• (ii) in the case of a restriction to be imposed under section 23(2), the land will be used in connection with lambing during the period referred to in that sub-paragraph.

• (3) Notice given by the owner of land for the purposes of paragraph (1) shall not have effect so as to restrict the right of access earlier than—

• (a) in the case of a restriction to be imposed under section 23(1), the expiry of one calendar month from the day on which it is received by the relevant authority; and

• (b) in the case of a restriction to be imposed under section 23(2), the expiry of five working days from that day.

• (4) Notice given under paragraph (1) may be withdrawn by the person who gave it or, where he has ceased to hold the land, by his successor in title, by means of further notice to the relevant authority in writing or, subject to paragraph (5), by telephone, provided that, in the case of a restriction imposed under section 23(2), such notice is received by the authority not less than two working days before the time at which the restriction is to commence.

• (5) Where, pursuant to paragraph (4), notice withdrawing any notice under paragraph (1) is given by telephone, it shall not be effective unless the relevant authority indicate during the course of the telephone conversation in which the information is given to them that they are satisfied as to the identity of the person giving it.

Applications for a direction under section 24 or 25

6

• (1) An application by a person interested in any land for a direction under section 24 or 25 shall be made to the relevant authority in writing and shall state—

• (a) the name and postal address of the applicant;

• (b) the nature of the applicant’s interest in the land and, if the applicant is a person whose interest in the land is solely as a holder of rights of common, the nature of those rights;

• (c) the location and extent of the land, sufficiently to enable it to be identified by the authority, whether by marking it on a map or otherwise;

• (d) the period of the exclusion or restriction to be provided for by the direction, except where that period is to be determined by the applicant in accordance with the direction;

• (e) the purpose of the exclusion or restriction and, in the case of a restriction, the nature of it;

• (f) the reason (or reasons) why the applicant considers that such exclusion or restriction is necessary; ...

• (g) if the applicant is an entitled person for the purposes of section 22, the total number of days in respect of which he has exercised, or proposes to exercise, the right conferred by that section in each calendar year in respect of which the direction is being sought and the purpose for which he has exercised, or proposes to exercise, that right; and

• (h) whether the land is coastal margin;

• (2) An application made by a person under paragraph (1) may be withdrawn by that person by notice in writing given to the relevant authority at any time before the date on which the application is determined by the authority.

• (3) Paragraphs (4) to (7) apply where an application referred to in paragraph (1) relates to land which is coastal margin.

• (4) Where the proposed direction would authorise a specified person to exclude or restrict access to land in a manner specified in the direction, the application must state—

• (a) the name of the specified person, and

• (b) the manner in which access may be excluded or restricted by the specified person.

• (5) Where the proposed direction would authorise a specified person to exclude or restrict access to such part or parts of the land as may be determined in accordance with the direction, the application must state—

• (a) the name of the specified person, and

• (b) the manner in which the part or parts of the land to which access may be excluded or restricted is to be determined by the specified person.

• (6) Where the period in the proposed direction is to be determined by a specified person, the application must state—

• (a) the name of the specified person, and

• (b) the manner in which the specified period may be determined by the specified person.

• (7) The application must include the names of any person who —

• (a) is an owner of the land,

• (b) holds a term of years absolute in the land, or

• (c) is in lawful occupation of the land.

Notices relating to periods during which exclusions or restrictions are to apply

7

• (1) Subject to paragraph (3), where a direction is given by a relevant authority under section 24, 25, 25A or 26, or by the Secretary of State under section 28, so as to exclude or restrict the right of access to any land during a period to be determined by a relevant person, where the direction so requires, notice of the period so determined shall be given by the relevant person to the authority or the Secretary of State and the direction shall have no effect until—

• (a) the expiry of five working days after the day on which notice of that period given by the relevant person is received by the authority or the Secretary of State; or

• (b) such other time after the day on which the notice is received by the authority or the Secretary of State as may be specified in the direction.

• (2) Notice given under paragraph (1) shall be given in writing or, if so permitted by the direction, by telephone.

• (3) Where, pursuant to paragraph (2), notice is given by telephone, it shall not be effective unless the relevant authority indicate during the course of the telephone conversation in which the information is given to them that they are satisfied as to the identity of the person giving it.

• (4) In this regulation, “relevant person” means—

• (a) in the case of a direction under section 24, the person who applied for the direction or, if a person is specified in the direction, that person;

• (b) in the case of a direction under section 25, 25A or 26, a person specified in the direction; and

• (c) in the case of a direction under section 28, a person authorised by the Secretary of State.

Applications for a direction under section 24 or 25 by holders of rights of common

8

• (1) A person who is interested in any land only as the holder of rights of common may not apply for a direction under section 24 or 25 excluding access to that land.

• (2) Any such person may only apply for a direction under section 24 or 25 restricting access to that land if—

• (a) the restriction is necessary for the purposes of any use of the land in exercise of his rights of common; and

• (b) the restriction would only restrict access to the land for the whole or part of the period in which he is entitled to exercise such rights.

• (3) A person making an application in accordance with paragraph (2) shall submit in support of his application a certified copy of the entry in respect of his rights of common over the land to which his application relates which appears in the register maintained under the Commons Registration Act 1965[^f00006] in respect of that land, save that this requirement shall not apply where the person making the application has complied with it when making a previous application in respect of the land in question.

Consultation on proposals for long-term exclusions or restrictions

9

• (1) For the purposes of consulting a local access forum under section 27(1), the relevant authority shall supply the forum with a copy of the notice referred to in paragraph (3).

• (2) Before giving a direction under section 28 for the purposes of defence which will, indefinitely or for a period which exceeds (or may exceed) six months, exclude or restrict the right of access in relation to any land in an area in which there is a local access forum, the Secretary of State shall consult the forum.

• (3) Where a relevant authority proposes to give a direction under section 24, 25 , 25A or 26, or the Secretary of State proposes to give a direction under section 28 for the purposes of defence which (in any such case) will exclude or restrict access to any land indefinitely or for a period which exceeds (or may exceed) six months, they or he, as the case may be, shall publish a notice which—

• (a) describes the area of land to which the proposed direction will relate sufficiently to identify it;

• (b) describes the nature and purpose of the proposed direction;

• (c) states how copies of documents relating to the proposed direction may be obtained;

• (d) states that representations with regard to the proposed direction may be made by any person in writing to the authority or the Secretary of State, as appropriate, by such date as is specified in the notice, which date shall not be earlier than a date two weeks after the date on which the notice is published by the authority or, as the case may be, the Secretary of State; and

• (e) includes the information specified in regulation 6(1)(b) to (h)

• (4) A relevant authority or the Secretary of State shall not be required to publish a notice under paragraph (3) where they or he (as the case may be) considers that it is not in the public or defence interest that the information referred to in that paragraph should be disclosed.

• (5) The notice referred to in paragraph (3) shall be published by being made available for inspection on a website maintained by or on behalf of—

• (a) in the case of a proposed direction under section 24, 25, 25A or 26, the relevant authority, or

• (b) in the case of a proposed direction under section 28 for the purposes of defence, the Secretary of State,

until such time as the application for the direction in question is determined.

• (6) Where a notice is published under paragraph (3), the relevant authority or the Secretary of State (as the case may be) shall send a copy of the notice to the persons specified in the Schedule to these Regulations.

• (7) A notice referred to in paragraph (3) may relate to more than one proposal.

Time for determination of applications for a direction under section 24 or 25

10

• (1) Where an application for a direction under section 24 or 25 is made before the right of access comes into force, a relevant authority shall determine the application within six weeks of receiving it or within any such longer period, as may have been determined by the Secretary of State, notice of which has been given to the authority by the Secretary of State and details of which have been published by her.

• (2) Subject to paragraph (3), a relevant authority shall determine any other application for a direction under section 24 or 25 within six weeks of receiving it, or within such longer period as may have been agreed between the authority and the applicant.