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Countryside and Rights of Way Act 2000, Section 94 is up to date with all changes known to be in force on or before 12 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)The appointing authority for any area shall in accordance with regulations establish for that area, or for each part of it, an advisory body to be known as a local access forum.
(2)For the purposes of this section—
(a)the local highway authority is the appointing authority for their area, except any part of it in a National Park, and
(b)the National Park authority for a National Park is the appointing authority for the National Park.
(3)A local access forum consists of members appointed by the appointing authority in accordance with regulations.
(4)It is the function of a local access forum, as respects the area for which it is established, to advise—
(a)the appointing authority,
(b)any body exercising functions under Part I in relation to land in that area,
(c)if the appointing authority is a National Park authority, the local highway authority for any part of that area, and
(d)such other bodies as may be prescribed,
as to the improvement of public access to land in that area for the purposes of open-air recreation and the enjoyment of the area, and as to such other matters as may be prescribed.
(5)The bodies mentioned in paragraphs (a) to (d) of subsection (4) shall have regard, in carrying out their functions, to any relevant advice given to them by a local access forum under that subsection or any other provision of this Act.
(6)In carrying out its functions, a local access forum shall have regard to—
(a)the needs of land management,
(b)the desirability of conserving the natural beauty of the area for which it is established, including the flora, fauna and geological and physiographical features of the area, and
(c)guidance given from time to time by the Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales).
(7)Subsection (1) does not apply to the council of a London borough or to any part of their area unless the council so resolve.
(8)The Secretary of State, as respects England, or the National Assembly for Wales, as respects Wales, if satisfied that no local access forum is required for any area or part of any area, may direct that subsection (1) is not to apply in relation to that area or part.
(9)Before giving a direction under subsection (8) as respects an area or part of an area, the Secretary of State or the National Assembly for Wales must consult the appointing authority for the area and the appropriate countryside body.
(10)In this section—
“appropriate countryside body” has the same meaning as in Part I;
“local highway authority” has the same meaning as in the 1980 Act;
“prescribed” means prescribed by regulations;
“regulations” means regulations made, as respects England, by the Secretary of State, and, as respects Wales, by the National Assembly for Wales.
Modifications etc. (not altering text)
C1S. 94(2)(b) excluded (24.3.2005) by New Forest National Park Authority (Establishment) Order 2005 (S.I. 2005/421), art. 1, Sch. 4 para. 3
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