The Countryside Access (Exclusion or Restriction of Access) (Wales) Regulations 2003

Explanatory Note

(This note is not part of the Regulations)

Under Chapter II of Part I of the Countryside and Rights of Way Act 2000 (sections 21 to 33 of the Act), the right of access conferred by section 2(1) of the Act to any land (“access land”) may be excluded or restricted. Under sections 23 and 32 of the Act, the National Assembly for Wales (“the National Assembly”) has the power to make regulations to provide for the steps to be taken to bring those exclusions or restrictions into operation.

Sections 29 and 30 of the Act provide for an appeal to be brought against certain decisions relating to exclusions and restrictions of access. Under sections 11 and 32 of the Act, the National Assembly has the power to make regulations providing for the procedures which are to apply to such appeals.

Regulation 3 sets out the steps which an “entitled person” (the owner of the land), has to take in order to exclude or restrict access in accordance with section 22 of the Act. The relevant person must give notice to the “relevant authority” (the Countryside Council for Wales or, where the land is in a National Park, the National Park authority). The relevant person can exclude or restrict access in accordance with section 22 of the Act for a maximum of 28 days in any calendar year.

Regulation 4 sets out the steps which an owner of land (defined in sections 21 and 45 of the Act) has to take in order to restrict access to that land with dogs under section 23 of the Act. Access to land with dogs can be restricted where this is necessary in connection with lambing or in connection with the management of grouse moors.

Regulations 5 to 12 set out the procedures which must be followed in relation to directions by relevant authorities excluding or restricting access under sections 24, 25 and 26 of the Act, for the purposes of land management, for the avoidance of fire risk or danger to the public and for purposes of nature conservation or heritage preservation, respectively.

Regulation 13 sets out requirements relating to notifications under directions which do not themselves specify the periods when the exclusion or restriction is to apply, but instead empower a person specified in the direction to fix that period by notifying the relevant authority.

Regulation 14 sets out the obligations on the part of relevant persons and authorities to inform the pubic of the existence of exclusions and restrictions.

Regulation 15 applies certain requirements relating to the form of directions, consultation and publicity to directions by the Secretary of State excluding or restricting access for purposes of defence or national security, subject to the discretion of the Secretary of State to disapply those requirements in particular cases where it is inappropriate or impracticable to apply them.

Regulations 16 to 18 make provision for appeals to the National Assembly, including the adaptation of The Countryside Access (Appeals Procedures) (Wales) Regulations 2002 ((S.I. 2002/1794) (W.169)) so as to apply to such appeals.

Regulation 19 enables electronic communications to be used for the purposes of complying with the requirements contained in these Regulations.

Regulation 20 enables land to be identified, when giving notice to the relevant authority under the Regulations, by reference numbers allocated by relevant authorities for that purpose.