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

Part I E+W Access to the countryside

Chapter I E+W Right of access

General E+W

1 Principal definitions for Part I. E+W

(1) In this Part “access land” means any land which—

(a) is shown as open country on a map in conclusive form issued by the appropriate countryside body for the purposes of this Part,

(b) is shown on such a map as registered common land,

(c) is registered common land in any area outside Inner London for which no such map relating to registered common land has been issued,

(d) is situated more than 600 metres above sea level in any area for which no such map relating to open country has been issued, F1 ...

[F2 (da) is coastal margin, or]

(e) is dedicated for the purposes of this Part under section 16,

but does not (in any of those cases) include excepted land or land which is treated by section 15(1) as being accessible to the public apart from this Act.

(2) In this Part—

• “access authority”—

  (a)

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

  (b)

  in relation to any other land, means the local highway authority in whose area the land is situated;

• “the appropriate countryside body” means—

  (a)

  in relation to England, [F3 Natural England ], and

  (b)

  in relation to Wales, [F4 the Natural Resources Body for Wales] ;

• [F5 “coastal margin” means land which is of a description specified by an order under section 3A;]

• “excepted land” means land which is for the time being of any of the descriptions specified in Part I of Schedule 1, those descriptions having effect subject to Part II of that Schedule;

• “mountain” includes, subject to the following definition, any land situated more than 600 metres above sea level;

• “mountain, moor, heath or down” does not include land which appears to the appropriate countryside body to consist of improved or semi-improved grassland;

• “open country” means land which—

  (a)

  appears to the appropriate countryside body to consist wholly or predominantly of mountain, moor, heath or down, and

  (b)

  is not registered common land [F6 or coastal margin] [F7 or land dedicated as coastal margin for the purposes of this Part under section 16].

(3) In this Part “registered common land” means—

(a) [F8 land which is registered as common land under the M1 Commons Registration Act 1965 (in this section referred to as “the 1965 Act”) [F9 (but is not coastal margin)] [F10 or land dedicated as coastal margin for the purposes of this Part under section 16] and whose registration under that Act has become final, or] [F8 land which is registered as common land in a register of common land kept under Part 1 of the Commons Act 2006.]

(b) [F11 subject to subsection (4), land which fell within paragraph (a) on the day on which this Act is passed or at any time after that day but has subsequently ceased to be registered as common land under the 1965 Act on the register of common land in which it was included being amended by reason of the land having ceased to be common land within the meaning of that Act.]

(4) [F12 Subsection (3)(b) does not apply where—

(a) the amendment of the register of common land was made in pursuance of an application made before the day on which this Act is passed, or

(b) the land ceased to be common land by reason of the exercise of—

(i) any power of compulsory purchase, of appropriation or of sale which is conferred by an enactment,

(ii) any power so conferred under which land may be made common land within the meaning of the 1965 Act in substitution for other land.]

Textual Amendments

F1 Word in s. 1(1)(d) repealed (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 303(2)(a), 324(2)(d), Sch. 22 Pt. 7 (with s. 308)

F2 S. 1(1)(da) inserted (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 303(2)(a), 324(2)(d) (with s. 308)

F3 Words in s. 1(2) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), s. 107, Sch. 11 para. 154; S.I. 2006/2541, art. 2 (with Sch.)

F4 Words in s. 1(2) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 401 (with Sch. 7)

F5 Words in s. 1(2) inserted (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 303(2)(b), 324(2)(d) (with s. 308)

F6 Words in s. 1(2) inserted (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 303(2)(c), 324(2)(d) (with s. 308)

F7 Words in s. 1(2) 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. 24(1)(a)

F8 Words in s. 1(3) substituted (31.10.2011 for E. in relation to the pilot areas, 12.11.2014 for E. for specified purposes, 15.12.2014 for E. for specified purposes) by Commons Act 2006 (c. 26), s. 56, Sch. 5 para. 7(2)(a) (with s. 60); S.I. 2011/2460, art. 2(b); S.I. 2014/3026, art. 3(1)(h) (with art. 5)

F9 Words in s. 1(3) inserted (12.1.2010) by virtue of Marine and Coastal Access Act 2009 (c. 23), ss. 303(2)(d), 324(2)(d) (with s. 308)

F10 Words in s. 1(3) 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. 24(1)(b)

F11 S. 1(3)(b) repealed (31.10.2011 for E. in relation to the pilot areas, 12.11.2014 for E. for specified purposes, 15.12.2014 for E. for specified purposes) by Commons Act 2006 (c. 26), s. 56, Sch. 5 para. 7(2)(b), Sch. 6 Pt. 1 (with s. 60); S.I. 2011/2460, art. 2(b); S.I. 2014/3026, art. 3(1)(h) (with art. 5)

F12 S. 1(4) repealed (31.10.2011 for E. in relation to the pilot areas, 12.11.2014 for E. for specified purposes, 15.12.2014 for E. for specified purposes) by Commons Act 2006 (c. 26), s. 56, Sch. 5 para. 7(3), Sch. 6 Pt. 1 (with s. 60); S.I. 2011/2460, art. 2(b); S.I. 2014/3026, art. 3(1)(h) (with art. 5)

Modifications etc. (not altering text)

C1 S. 1(2) excluded (24.3.2005) by New Forest National Park Authority (Establishment) Order 2005 (S.I. 2005/421), art. 1, Sch. 4 para. 1

C2 S. 1(3) modified (temp.) (6.4.2010) by The Access to the Countryside (Coastal Margin) (England) Order 2010 (S.I. 2010/558), art. 1(2), Sch. 1 para. 24(2)

Marginal Citations

M1 1965 c. 64.