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

Applications for a direction under section 24 or 25 E+W

6.—(1) An application by a person interested in any land for a direction under section 24 or 25 shall be made to the relevant authority in writing and shall state—

(a) the name and postal address of the applicant;

(b) the nature of the applicant’s interest in the land and, if the applicant is a person whose interest in the land is solely as a holder of rights of common, the nature of those rights;

(c) the location and extent of the land, sufficiently to enable it to be identified by the authority, whether by marking it on a map or otherwise;

(d) the period of the exclusion or restriction to be provided for by the direction, except where that period is to be determined by the applicant in accordance with the direction;

(e) the purpose of the exclusion or restriction and, in the case of a restriction, the nature of it;

(f) the reason (or reasons) why the applicant considers that such exclusion or restriction is necessary; F1 ...

(g) if the applicant is an entitled person for the purposes of section 22, the total number of days in respect of which he has exercised, or proposes to exercise, the right conferred by that section in each calendar year in respect of which the direction is being sought and the purpose for which he has exercised, or proposes to exercise, that right[F2 ; and]

[F3 (h) whether the land is coastal margin;]

(2) An application made by a person under paragraph (1) may be withdrawn by that person by notice in writing given to the relevant authority at any time before the date on which the application is determined by the authority.

[F4 (3) Paragraphs (4) to (7) apply where an application referred to in paragraph (1) relates to land which is coastal margin.]

[F4 (4) Where the proposed direction would authorise a specified person to exclude or restrict access to land in a manner specified in the direction, the application must state—

(a) the name of the specified person, and

(b) the manner in which access may be excluded or restricted by the specified person.]

[F4 (5) Where the proposed direction would authorise a specified person to exclude or restrict access to such part or parts of the land as may be determined in accordance with the direction, the application must state—

(a) the name of the specified person, and

(b) the manner in which the part or parts of the land to which access may be excluded or restricted is to be determined by the specified person.]

[F4 (6) Where the period in the proposed direction is to be determined by a specified person, the application must state—

(a) the name of the specified person, and

(b) the manner in which the specified period may be determined by the specified person.]

[F4 (7) The application must include the names of any person who —

(a) is an owner of the land,

(b) holds a term of years absolute in the land, or

(c) is in lawful occupation of the land.]

Textual Amendments

F1 Word in reg. 6(1)(f) 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), 4(a)(i)

F2 Word in reg. 6(1)(g) substituted (1.10.2011) by The Access to the Countryside (Exclusions and Restrictions) (Amendment) (England) Regulations 2011 (S.I. 2011/2021), regs. 1(1), 4(a)(ii)

F3 Reg. 6(1)(h) added (1.10.2011) by The Access to the Countryside (Exclusions and Restrictions) (Amendment) (England) Regulations 2011 (S.I. 2011/2021), regs. 1(1), 4(a)(iii)

F4 Reg. 6(3)-(7) added (1.10.2011) by The Access to the Countryside (Exclusions and Restrictions) (Amendment) (England) Regulations 2011 (S.I. 2011/2021), regs. 1(1), 4(b)