after subsection (2) insert—

“(2A)

Before making any such byelaws the Secretary of State must—

(a)

take all reasonable steps to ascertain whether the byelaws would injuriously affect any public rights; and

(b)

be satisfied, in relation to every public right that the Secretary of State considers would be injuriously affected by the byelaws—

(i)

that a restriction of the right is required for the safety of the public or for the requirements of the military purpose for which the area to which the byelaws apply is used; and

(ii)

that the restriction of the right imposed by the byelaws is only to such extent as is reasonable in all the circumstances of the case.”;