Countryside and Rights of Way Act 2000

26 Nature conservation and heritage preservation. E+W

(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

(c) during 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), [F1 or]

[F2 (ca) in the case of land which is coastal margin, during a period which is to be determined by a specified person in accordance with the direction and, where the direction so requires, notified to the relevant authority by the specified person in accordance with the direction, 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 M1 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.

[F3 (4A) Subsection (4) does not apply if the direction is made in accordance with section 55F(2) of the National Parks and Access to the Countryside Act 1949 (directions set out in report approving proposals for English coastal route).]

(5) Subsection (4) does not apply where the direction is given by [F4 the Natural Resources Body 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 [F5 in respect of which Natural England is not the relevant authority, Natural England], and

(ii) in the case of land in Wales in respect of which [F4 the Natural Resources Body for Wales] are not the relevant authority, [F4 the Natural Resources Body 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.

Textual Amendments

F1 Word in s. 26(2)(c) omitted (E.) (6.4.2010) by virtue of The Access to the Countryside (Coastal Margin) (England) Order 2010 (S.I. 2010/558), art. 1(2), Sch. 1 para. 21(2)

F2 S. 26(2)(ca) inserted (E.) (6.4.2010) by The Access to the Countryside (Coastal Margin) (England) Order 2010 (S.I. 2010/558), art. 1(2), Sch. 1 para. 21(2)

F3 S. 26(4A) inserted (E.) (6.4.2010) by The Access to the Countryside (Coastal Margin) (England) Order 2010 (S.I. 2010/558), art. 1(2), Sch. 1 para. 21(3)

F4 Words in s. 26 substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 404 (with Sch. 7)

F5 Words in s. 26(6)(a)(i) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), s. 107, Sch. 11 para. 157; S.I. 2006/2541, art. 2 (with Sch.)

Marginal Citations

M1 1979 c. 46.