Part IE+W Access to the countryside

Chapter IIE+W Exclusion or restriction of access

21 Interpretation of Chapter II.E+W

(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 M1Agricultural Tenancies Act 1995 or a tenancy to which the M2Agricultural Holdings Act 1986 applies, means the tenant under that tenancy.

(5)Subject to subsection (6), in this Chapter “the relevant authority”—

[F1(za)in relation to any land which is coastal margin, means Natural England,]

(a)in relation to any land [F2(other than coastal margin)] 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 [F3in England] which is dedicated for the purposes of this Part under section 16 [F4(other than land which is coastal margin)] 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).

[F5(6A)Where—

(a)it appears to the Natural Resources Body for Wales that any land in a National Park in Wales which is dedicated for the purposes of this Part under section 16 consists wholly or predominantly of woodland, and

(b)the Natural Resources Body for Wales give to the relevant National Park Authority 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 Natural Resources Body for Wales are to be the relevant authority for those purposes as from a date specified in the notice,

the Natural Resources Body for Wales shall as from that date become the relevant authority in relation to that land for those purposes, but subject to subsection (7A).]

(7)Where it appears to the Forestry Commissioners that any land [F6in England] 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.

[F7(7A)Where it appears to the Natural Resources Body for Wales that any land in relation to which they are by virtue of subsection (6A) the relevant authority for the purposes of this Chapter has ceased to consist wholly or predominantly of woodland, the Natural Resources Body for Wales may, by giving notice to the National Park Authority who would apart from subsection (6A) be the relevant authority, revoke the notice under subsection (6A) as from a date specified in the notice under this subsection.]

[F8(8)Where there is access to an area of coastal margin by virtue of section 2(1), Natural England may—

(a)if the land is in a National Park, authorise the National Park authority, or

(b)if the land consists wholly or predominantly of woodland, authorise the Forestry Commissioners,

to exercise in relation to the land such of Natural England’s functions under this Chapter as Natural England may specify.

(9)An authorisation given for the purposes of subsection (8) may be—

(a)for a period specified in the authorisation, or

(b)for an indefinite period,

and may be revoked at any time by Natural England.]

Textual Amendments

F1S. 21(5)(za) 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. 15(a)(i)

F2Words in s. 21(5) 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. 15(a)(ii)

F3Words in s. 21(6)(a) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 403(2) (with Sch. 7)