Countryside and Rights of Way Act 2000 (c. 37)

(The document as of February, 2008)

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(1) For the purposes of section 1(1), land is to be treated as being accessible to the public apart from this Act at any time if, but only if, at that time--

(a) section 193 of the [1925 c. 20.] Law of Property Act 1925 (rights of the public over commons and waste lands) applies to it,

(b) by virtue of a local or private Act or a scheme made under Part I of the [1899 c. 30.] Commons Act 1899 (as read with subsection (2)), members of the public have a right of access to it at all times for the purposes of open-air recreation (however described),

(c) an access agreement or access order under Part V of the National Parks and Access to the [1949 c. 97.] Countryside Act 1949 is in force with respect to it, or

(d) the public have access to it under subsection (1) of section 19 of the [1979 c. 46.] Ancient Monuments and Archaeological Areas Act 1979 (public access to monuments under public control) or would have access to it under that subsection but for any provision of subsections (2) to (9) of that section.

(2) Where a local or private Act or a scheme made under Part I of the [1899 c. 30.] Commons Act 1899 confers on the inhabitants of a particular district or neighbourhood (however described) a right of access to any land for the purposes of open-air recreation (however described), the right of access exercisable by those inhabitants in relation to that land is by virtue of this subsection exercisable by members of the public generally.

16 Dedication of land as access land

(1) Subject to the provisions of this section, a person who, in respect of any land, holds--

(a) the fee simple absolute in possession, or

(b) a legal term of years absolute of which not less than 90 years remain unexpired,

may, by taking such steps as may be prescribed, dedicate the land for the purposes of this Part, whether or not it would be access land apart from this section.

(2) Where any person other than the person making the dedication holds--

(a) any leasehold interest in any of the land to be dedicated, or

(b) such other interest in any of that land as may be prescribed,

the dedication must be made jointly with that other person, in such manner as may be prescribed, or with his consent, given in such manner as may be prescribed.

(3) In relation to a dedication under this section by virtue of subsection (1)(b), the reference in subsection (2)(a) to a leasehold interest does not include a reference to a leasehold interest superior to that of the person making the dedication.

(4) A dedication made under this section by virtue of subsection (1)(b) shall have effect only for the remainder of the term held by the person making the dedication.

(5) Schedule 2 to the [1967 c. 10.] Forestry Act 1967 (power for tenant for life and others to enter into forestry dedication covenants) applies to dedications under this section as it applies to forestry dedication covenants.

(6) Regulations may--

(a) prescribe the form of any instrument to be used for the purposes of this section,

(b) enable a dedication under this section to include provision removing or relaxing any of the general restrictions in Schedule 2 in relation to any of the land to which the dedication relates,

(c) enable a dedication previously made under this section to be amended by the persons by whom a dedication could be made, so as to remove or relax any of those restrictions in relation to any of the land to which the dedication relates, and

(d) require any dedication under this section, or any amendment of such a dedication by virtue of paragraph (c), to be notified to the appropriate countryside body and to the access authority.

(7) A dedication under this section is irrevocable and, subject to subsection (4), binds successive owners and occupiers of, and other persons interested in, the land to which it relates, but nothing in this section prevents any land from becoming excepted land.

(8) A dedication under this section is a local land charge.

Miscellaneous provisions relating to right of access

17 Byelaws

(1) An access authority may, as respects access land in their area, make byelaws--

(a) for the preservation of order,

(b) for the prevention of damage to the land or anything on or in it, and

(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.

(2) Byelaws under this section may relate to all the access land in the area of the access authority or only to particular land.

(3) Before making byelaws under this section, the access authority shall consult--

(a) the appropriate countryside body, and

(b) any local access forum established for an area to which the byelaws relate.

(4) Byelaws under this section shall not interfere--

(a) with the exercise of any public right of way,

(b) with any authority having under any enactment functions relating to the land to which the byelaws apply, or

(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.

(5) Sections 236 to 238 of the [1972 c. 70.] 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.

(6) The confirming authority in relation to byelaws made under this section is--

(a) as respects England, the Secretary of State, and

(b) as respects Wales, the National Assembly for Wales.

(7) Byelaws under this section relating to any land--

(a) may not be made unless the land is access land or the access authority are satisfied that it is likely to become access land, and

(b) may not be confirmed unless the land is access land.

(8) Any access authority having power under this section to make byelaws also have power to enforce byelaws made by them; and any county council or district or parish council may enforce byelaws made under this section by another authority as respects land in the area of the council.

18 Wardens

(1) An access authority or a district council may appoint such number of persons as may appear to the authority making the appointment to be necessary or expedient, to act as wardens as respects access land in their area.

(2) As respects access land in an area for which there is a local access forum, an access authority shall, before they first exercise the power under subsection (1) and thereafter from time to time, consult the local access forum about the exercise of that power.

(3) Wardens may be appointed under subsection (1) for the following purposes--

(a) to secure compliance with byelaws under section 17 and with the general restrictions in Schedule 2 and any other restrictions imposed under Chapter II,

(b) to enforce any exclusion imposed under Chapter II,

(c) in relation to the right conferred by section 2(1), to advise and assist the public and persons interested in access land,

(d) to perform such other duties (if any) in relation to access land as the authority appointing them may determine.

(4) 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.

(5) 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 (4), and shall also produce evidence of his authority while he remains on the access land, if so required by any person.

(6) Except as provided by subsection (4), this section does not authorise a warden appointed under subsection (1), on land in which any person other than the authority who 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.

19 Notices indicating boundaries, etc

(1) An access authority may erect and maintain--

(a) notices indicating the boundaries of access land and excepted land, and

(b) notices informing the public of--

(i) the effect of the general restrictions in Schedule 2,

(ii) the exclusion or restriction under Chapter II of access by virtue of section 2(1) to any land, and

(iii) any other matters relating to access land or to access by virtue of section 2(1) which the access authority consider appropriate.

(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 21(2) and (3).

(3) Before erecting a notice on any land under subsection (1) the access authority shall, if reasonably practicable, consult the owner or occupier of the land.

(4) 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).

20 Codes of conduct and other information

(1) In relation to England, it shall be the duty of the Countryside Agency to issue, and from time to time revise, a code of conduct for the guidance of persons exercising the right conferred by section 2(1) and of persons interested in access land, and to take such other steps as appear to them expedient for securing--

(a) that the public are informed of the situation and extent of, and means of access to, access land, and

(b) that the public and persons interested in access land are informed of their respective rights and obligations--

(i) under this Part, and

(ii) with regard to public rights of way on, and nature conservation in relation to, access land.

(2) In relation to Wales, it shall be the duty of the Countryside Council for Wales to issue, and from time to time revise, a code of conduct for the guidance of persons exercising the right conferred by section 2(1) and of persons interested in access land, and to take such other steps as appear to them expedient for securing the results mentioned in paragraphs (a) and (b) of subsection (1).

(3) A code of conduct issued by the Countryside Agency or the Countryside Council for Wales may include provisions in pursuance of subsection (1) or (2) and in pursuance of section 86(1) of the National Parks and Access to the [1949 c. 97.] Countryside Act 1949.

(4) The powers conferred by subsections (1) and (2) include power to contribute towards expenses incurred by other persons.

Chapter II Exclusion or restriction of access

21 Interpretation of Chapter II

(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).

(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.

(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--

(a) is exercisable only along specified routes or ways,

(b) is exercisable only after entering the land at a specified place or places,

(d) is exercisable only by persons who satisfy any other specified conditions.

(4) In this Chapter, except section 23(1), "owner", in relation to land which is subject to a farm business tenancy within the meaning of the [1995 c. 8.] Agricultural Tenancies Act 1995 or a tenancy to which the [1986 c. 5.] Agricultural Holdings Act 1986 applies, means the tenant under that tenancy.

(5) Subject to subsection (6), in this Chapter "the relevant authority"--

(a) in relation to any land in a National Park, means the National Park authority, and

(b) in relation to any other land, means the appropriate countryside body.

(6) Where--

(a) it appears to the Forestry Commissioners that any land which is dedicated for the purposes of this Part under section 16 consists wholly or predominantly of woodland, and

(b) the Forestry Commissioners give to the body who are apart from this subsection the relevant authority for the purposes of this Chapter in relation to the land a notice stating that the Forestry Commissioners are to be the relevant authority for those purposes as from a date specified in the notice,

the Forestry Commissioners shall as from that date become the relevant authority in relation to that land for those purposes, but subject to subsection (7).

(7) Where it appears to the Forestry Commissioners that any land in relation to which they are by virtue of subsection (6) the relevant authority for the purposes of this Chapter has ceased to consist wholly or predominantly of woodland, the Forestry Commissioners may, by giving notice to the body who would apart from subsection (6) be the relevant authority, revoke the notice under subsection (6) as from a date specified in the notice under this subsection.

22 Exclusion or restriction at discretion of owner and others

(1) Subject to subsections (2) and (6), an entitled person may, by giving notice to the relevant authority in accordance with regulations under section 32(1)(a), exclude or restrict access by virtue of section 2(1) to any land on one or more days specified in the notice.

(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.

(3) In this section "entitled person", in relation to any land, means--

(a) the owner of the land, and

(b) any other person having an interest in the land and falling within a prescribed description.

(4) Subject to subsection (5), in this section "the relevant maximum" means twenty-eight.

(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.

(6) An entitled person may not under this section exclude or restrict access by virtue of section 2(1) to any land on--

(a) Christmas Day or Good Friday, or

(b) any day which is a bank holiday under the [1971 c. 80.] Banking and Financial Dealings Act 1971 in England and Wales.

(7) An entitled person may not under this section exclude or restrict access by virtue of section 2(1) to any land--

(a) on more than four days in any calendar year which are either Saturday or Sunday,

(b) on any Saturday in the period beginning with 1st June and ending with 11th August in any year,

(8) Regulations may provide that any exclusion or restriction under subsection (1) of access by virtue of section 2(1) to any land must relate to an area of land the boundaries of which are determined in accordance with the regulations.

23 Restrictions on dogs at discretion of owner

(1) The owner of any land consisting of moor managed for the breeding and shooting of grouse may, so far as appears to him to be necessary in connection with the management of the land for that purpose, by taking such steps as may be prescribed, provide that, during a specified period, the right conferred by section 2(1) is exercisable only by persons who do not take dogs on the land.

(2) The owner of any land may, so far as appears to him to be necessary in connection with lambing, by taking such steps as may be prescribed, provide that during a specified period the right conferred by section 2(1) is exercisable only by persons who do not take dogs into any field or enclosure on the land in which there are sheep.

(3) In subsection (2) "field or enclosure" means a field or enclosure of not more than 15 hectares.

(4) As respects any land--

(a) any period specified under subsection (1) may not be more than five years,

(b) not more than one period may be specified under subsection (2) in any calendar year, and that period may not be more than six weeks.

(5) A restriction imposed under subsection (1) or (2) does not prevent a blind person from taking with him a trained guide dog, or a deaf person from taking with him a trained hearing dog.

24 Land management

(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.

(2) The reference in subsection (1) to a specified period includes a reference to--

(a) a specified period in every calendar year, or

(b) a period which is to be--

(i) determined by the applicant in accordance with the direction, and

(ii) notified by him to the relevant authority in accordance with regulations under section 32(1)(d).

(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--

(a) the existence of the right conferred by section 22,

(b) the extent to which the applicant has exercised or proposes to exercise that right, and

(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.

25 Avoidance of risk of fire or of danger to the public

(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--

(a) that, by reason of any exceptional conditions of weather or any exceptional change in the condition of the 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 fire prevention, or

(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.

(2) The reference in subsection (1) to a specified period includes a reference to--

(a) a specified period in every calendar year, and

(b) a period which is to be--

(i) determined by a specified person in accordance with the direction, and

(ii) notified by him to the relevant authority in accordance with regulations under section 32(1)(d).

(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.

(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--

(a) the existence of the right conferred by section 22,

(b) the extent to which the applicant has exercised or proposes to exercise that right, and

(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.

26 Nature conservation and heritage preservation

(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).

(2) A direction under subsection (1) may be expressed to have effect--

(a) during a period specified in the direction,

(b) during a specified period in every calendar year, or

(i) determined by a specified person in accordance with the direction, and

(ii) notified by him to the relevant authority in accordance with regulations under section 32(1)(d), or

(d) indefinitely.

(3) The purposes referred to in subsection (1) are--

(a) the purpose of conserving flora, fauna or geological or physiographical features of the land in question;

(b) the purpose of preserving--

(i) any scheduled monument as defined by section 1(11) of the [1979 c. 46.] Ancient Monuments and Archaeological Areas Act 1979, or

(ii) any other structure, work, site, garden or area which is of historic, architectural, traditional, artistic or archaeological interest.

(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.

(5) Subsection (4) does not apply where the direction 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.

(6) In this section "the relevant advisory body"--

(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--

(i) in the case of land in England, English Nature, and

(ii) in the case of land in Wales in respect of which the Countryside Council for Wales are not the relevant authority, the Countryside Council for Wales, and

(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--

(i) in the case of land in England, the Historic Buildings and Monuments Commission for England, and

(ii) in the case of land in Wales, the National Assembly for Wales.

27 Directions by relevant authority: general

(1) Before giving a direction under section 24, 25 or 26 in relation to land in an area for which there is a local access forum so as to exclude or restrict access to the land--

(a) indefinitely, or

(b) during a period which exceeds, or may exceed, six months,

the relevant authority shall consult the local access forum.

(2) Any direction under section 24, 25 or 26 may be revoked or varied by a subsequent direction under that provision.

(3) Where a direction given under section 24, 25 or 26 in relation to any land by the relevant authority excludes or restricts access to the land--

(a) indefinitely,

(b) for part of every year or of each of six or more consecutive calendar years, or

the authority shall review the direction not later than the fifth anniversary of the relevant date.

(4) In subsection (3) "the relevant date", in relation to a direction, means--

(a) the day on which the direction was given, or

(b) where it has already been reviewed, the day on which it was last reviewed.

(5) Before revoking or varying a direction under section 24 or 25 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--

(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

(b) where the original applicant does not hold that interest, consult any person who holds that interest and with whom consultation is reasonably practicable.

(6) Before revoking or varying a direction under section 26, the relevant authority shall consult the relevant advisory body as defined by section 26(6), unless the direction falls within section 26(5).

28 Defence or national security

(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.

(2) A direction under subsection (1) may be expressed to have effect--

(a) during a period specified in the direction,

(b) during a specified period in every calendar year,

(i) determined in accordance with the direction by a person authorised by the Secretary of State, and

(ii) notified by that person to the relevant authority in accordance with regulations under section 32(1)(c), or

(d) indefinitely.

(3) Any direction given by the Secretary of State under this section may be revoked or varied by a subsequent direction.

(4) Where a direction given under this section in relation to any land excludes or restricts access to the land--

(a) indefinitely,

(b) for part of every year or of each of six or more consecutive calendar years, or

the Secretary of State shall review the direction not later than the fifth anniversary of the relevant date.

(5) In subsection (4) "the relevant date", in relation to a direction, means--

(a) the day on which the direction was given, or

(b) where it has previously been reviewed, the day on which it was last reviewed.

(6) If in any calendar year the Secretary of State reviews a defence direction, he shall--

(a) prepare a report on all reviews of defence directions which he has undertaken during that year, and

(b) lay a copy of the report before each House of Parliament.

(7) In subsection (6) "defence direction" means a direction given under this section for the purposes of defence.

29 Reference by relevant advisory body

(1) Subsections (2) and (3) apply where--

(a) the relevant advisory body has given advice under section 26(4) or on being consulted under section 27(6), but

(b) in any respect, the relevant authority decide not to act in accordance with that advice.

(2) The relevant advisory body may refer the decision--

(a) in the case of land in England, to the appropriate Minister, or

(b) in the case of land in Wales, to the National Assembly for Wales.

(3) On a reference under this section the appropriate Minister or the National Assembly for Wales may, if he or it thinks fit--

(a) cancel any direction given by the relevant authority, or

(b) require the relevant authority to give such direction under section 26 as the appropriate Minister or, as the case may be, the Assembly, think fit.

(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 but as if references to the Secretary of State were references to the appropriate Minister.

(5) In this section--

"the appropriate Minister" means--
(a)
in relation to land as respects which by virtue of section 21(6) the Forestry Commissioners are the relevant authority, the Minister of Agriculture, Fisheries and Food, and
(b)
in relation to other land, the Secretary of State;
"the relevant advisory body" has the same meaning as in section 26, except that it does not include the National Assembly for Wales.

30 Appeal by person interested in land

(1) Subsections (2) and (3) apply where--

(a) a person interested in any land (in this section referred to as "the applicant")--

(i) has applied for a direction under section 24 or 25, or

(ii) has made representations on being consulted under section 27(5), but

(b) in any respect, the relevant authority decide not to act in accordance with the application or the representations.

(2) The relevant authority shall inform the applicant of their reasons for not acting in accordance with the application or representations.

(3) The applicant may appeal against the decision--

(a) in the case of land in England, to the appropriate Minister, or

(b) in the case of land in Wales, to the National Assembly for Wales.

(4) On appeal under this section the appropriate Minister or the National Assembly for Wales may, if he or it thinks fit--

(a) cancel any direction given by the relevant authority, or

(b) require the relevant authority to give such direction under section 24 or 25 as the appropriate Minister or, as the case may be, the Assembly, think fit.

(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 but as if references to the Secretary of State were references to the appropriate Minister.

(6) In this section "the appropriate Minister" has the same meaning as in section 29.

31 Exclusion or restriction of access in case of emergency

(1) Regulations may make provision enabling the relevant authority, where the authority are satisfied that an emergency has arisen which makes the exclusion or restriction of access by virtue of section 2(1) necessary for any of the purposes specified in section 24(1), 25(1) or 26(3), by direction to exclude or restrict such access in respect of any land for a period not exceeding three months.

(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.

32 Regulations relating to exclusion or restriction of access

(1) Regulations may make provision--

(a) as to the giving of notice under section 22(1),

(b) as to the steps to be taken under section 23(1) and (2),

(c) as to the procedure on any application to the relevant authority under section 24 or 25, including the period within which any such application must be made,

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