The Access to the Countryside (Exclusions and Restrictions) (England) Regulations 2003

PART I E+W PRELIMINARY

Title, commencement and application E+W

1.—(1) These Regulations may be cited as the Access to the Countryside (Exclusions and Restrictions) (England) Regulations 2003 and shall come into force on 17th November 2003.

(2) These Regulations apply in relation to England only(1).

General interpretation E+W

2.—(1) In these Regulations—

“the Act” means the Countryside and Rights of Way Act 2000;

F1 ...

“electronic communication” has the meaning given in section 15(1) of the Electronic Communications Act 2000(2)

“right of access” means the right conferred by section 2(1);

“working day” means any day other than—

(a)

a Saturday, Sunday, Christmas Day or Good Friday; or

(b)

any day which is a bank holiday under the Banking and Financial Dealings Act 1971(3) in England.

(2) Any reference in these Regulations to a notice in writing includes a reference to a notice given by means of an electronic communication.

(3) In these Regulations references to sections are to sections of the Act.

Textual Amendments

F1 Words in reg. 2(1) omitted (1.10.2011) by virtue of The Access to the Countryside (Exclusions and Restrictions) (Amendment) (England) Regulations 2011 (S.I. 2011/2021), regs. 1(1), 3

Use of electronic communications E+W

3.—(1) Any requirement imposed by or under these Regulations as to the giving or sending by one person to another of a notice or other document may be met by means of an electronic communication if—

(a) the use of such a communication results in the information contained in that notice or document being available to the other person in all material respects as it would appear in a notice or document given or sent in printed form; and

(b) the other person has consented to the information being made available to him by such means.

(2) Where, under paragraph (1), an electronic communication is used for the purposes of giving or sending a document—

(a) any requirement for the notice or document to be given or sent by a particular time shall be met in respect of an electronic communication only if the conditions mentioned in paragraph (1) are met by that time; and

(b) any requirement for more than one copy to be sent on any single occasion may be complied with by a single such communication.

(3) For the purposes of paragraph (1)(a), “in all material respects” means in all respects material to an exact reproduction of the content of the information as it would appear in a notice given or sent in printed form.

(1)

Regulations made by the Secretary of State may be made only as respects England: see section 45(1) for the meaning of “regulations”.

(2)

2000 c. 7.

(3)

1971 c. 80.