45 Interpretation of Part I.E+W
(1)In this Part, unless a contrary intention appears—
“access authority” has the meaning given by section 1(2);
“access land” has the meaning given by section 1(1);
“the appropriate countryside body” has the meaning given by section 1(2);
[F1“coastal margin” has the meaning given by section 1(2);]
“excepted land” has the meaning given by section 1(2);
“Inner London” means the area comprising the inner London boroughs, the City of London, the Inner Temple and the Middle Temple;
“interest”, in relation to land, includes any estate in land and any right over land, whether the right is exercisable by virtue of the ownership of an estate or interest in land or by virtue of a licence or agreement, and in particular includes rights of common and sporting rights, and references to a person interested in land shall be construed accordingly;
“livestock” means cattle, sheep, goats, swine, horses or poultry, and for the purposes of this definition “cattle” means bulls, cows, oxen, heifers or calves, “horses” include asses and mules, and “poultry” means domestic fowls, turkeys, geese or ducks;
“local highway authority” has the same meaning as in the M1Highways Act 1980;
“local or private Act” includes an Act confirming a provisional order;
“mountain” has the meaning given by section 1(2);
“open country” has the meaning given by section 1(2);
“owner”, in relation to any land, means, subject to subsection (2), any person, other than a mortgagee not in possession, who, whether in his own right or as trustee for another person, is entitled to receive the rack rent of the land, or, where the land is not let at a rack rent, would be so entitled if it were so let;
“prescribed” means prescribed by regulations;
“registered common land” has the meaning given by section 1(3);
“regulations” means regulations made by the Secretary of State (as respects England) or by the National Assembly for Wales (as respects Wales);
“rights of common” has the same meaning as in [F2the M2Commons Registration Act 1965][F2the Commons Act 2006];
F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2)In relation to any land which is subject to a farm business tenancy within the meaning of the M3Agricultural Tenancies Act 1995 or a tenancy to which the M4Agricultural Holdings Act 1986 applies, the definition of “owner” in subsection (1) does not apply where it is excluded by section 2(5) or 21(4) or by paragraph 7(4) of Schedule 2.
(3)For the purposes of this Part, the Broads are to be treated as a National Park and the Broads Authority as a National Park authority.
(4)In subsection (3) “the Broads” has the same meaning as in the M5Norfolk and Suffolk Broads Act 1988.
Textual Amendments
F1Words in s. 45 inserted (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 303(9), 324(2)(d) (with s. 308)
F2Words in s. 45(1) 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(4) (with s. 60); S.I. 2011/2460, art. 2(b); S.I. 2014/3026, art. 3(1)(h) (with art. 5)
F3Words in s. 45(1) repealed (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Schs. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)
Marginal Citations