21 Interpretation of Chapter II.E+W
This section has no associated Explanatory Notes
(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,
(c)is exercisable only by persons who do not take dogs on the land, or
(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 Agricultural Tenancies Act 1995 or a tenancy to which the 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.