Legalize / United Kingdom / Public General Act

Countryside and Rights of Way Act 2000

Type Public General Act

Publication 2000-11-30

Last updated 2026-03-06

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(147ZA) (1) With respect to any relevant structure, a competent authority may enter into an agreement with the owner, lessee or occupier of the land on which the structure is situated which provides— (a) for the carrying out by the owner, lessee or occupier of any qualifying works and the payment by the competent authority of the whole or any part of the costs incurred by him in carrying out those works, or (b) for the carrying out by the competent authority of any qualifying works at their own expense or subject to the payment by the owner, lessee or occupier of the whole or any part of the costs incurred in carrying out those works. (2) In this section— (a) “competent authority” has the same meaning as in section 147 above, (b) “relevant structure” means a stile, gate or other structure which— (i) is authorised by a condition or limitation subject to which the public right of way over the footpath or bridleway was created, or (ii) is authorised under section 147 above, but does not include a structure to which an agreement falling within section 146(5)(b) above relates, and (c) “qualifying works”, in relation to a relevant structure, means works for replacing or improving the structure which will result in a structure that is safer or more convenient for persons with mobility problems. (3) An agreement under this section may include such conditions as the competent authority think fit. (4) Those conditions may in particular include conditions expressed to have enduring effect— (a) for the maintenance of the structure as replaced or improved, and (b) for enabling the public right of way to be exercised without undue inconvenience to the public. (5) Where an agreement under this section has been entered into in relation to any structure— (a) the public right of way is to be deemed to be subject to a condition that the structure as replaced or improved may be erected and maintained in accordance with the agreement so long as any conditions included by virtue of subsection (4) above are complied with, (b) in a case falling within subsection (2)(b)(i) above, as from the effective date the previous condition or limitation relating to the relevant structure shall cease to have effect, and (c) in a case falling within subsection (2)(b)(ii) above, as from the effective date the previous authorisation under section 147 above shall cease to have effect in relation to the relevant structure. (6) In subsection (5) above “the effective date” means— (a) the first anniversary of the day on which the agreement was entered into, or (b) such earlier date as may be specified for the purposes of this subsection in the agreement. (7) For the purposes of section 143 above, any stile, gate or other structure replaced or improved in pursuance of an agreement under this section is to be deemed to be erected under this section only if any conditions included by virtue of subsection (4) above are complied with. (8) A competent authority may not enter into an agreement under this section except with the consent of every owner, lessee or occupier of the land on which the relevant structure is situated who is not a party to the agreement. (9) The Secretary of State may issue guidance to competent authorities as to matters to be taken into account for the purposes of this section; and in exercising their powers under this section competent authorities shall have regard to any such guidance issued to them.

(4) In section 146 of the 1980 Act (duty to maintain stiles etc. on footpaths and bridleways) in subsection (5), before the word “or” at the end of paragraph (a) there is inserted—

(aa) if any conditions for the maintenance of the structure imposed by virtue of subsection (4) of section 147ZA below are for the time being in force under that section,

(5) In section 344 of the 1980 Act (application to Isles of Scilly) in subsection (2)(a) after “147,” there is inserted “ 147ZA, ”.

Minor amendments

70

(1) In section 66(3) of the 1980 Act (works for safeguarding persons using footpaths)—

(a) after “footpath” there is inserted “ or bridleway ”, and

(b) after “barriers,” there is inserted “ posts, ”.

(2) In section 134 of that Act, subsection (5) (which limits the persons who may bring proceedings for failure to restore a public path disturbed by ploughing etc.) is omitted.

(3) In section 300 of that Act (right of local authorities to use vehicles and appliances on footways and bridleways), in subsection (1) after “verges,” there is inserted “ for preventing or removing obstructions to them or otherwise preventing or abating nuisances or other interferences with them, ”.

(4) In section 21(2)(b) of the Road Traffic Act 1988 (defence to charge of driving or parking on cycle track for highway authority vehicles), after “verges” there is inserted “ , or the preventing or removing of obstructions to the cycle track or the preventing or abating in any other way of nuisances or other interferences with the cycle track, ”.

Reports on functions relating to rights of way

71

(1) The Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales) may make regulations requiring local highway authorities of a description specified in the regulations to publish reports on the performance of any of their functions so far as relating to local rights of way (whether or not those functions are conferred on them as highway authorities).

(2) Subsection (1) is without prejudice to section 230 of the Local Government Act 1972 (reports and returns).

(3) Regulations under subsection (1) may prescribe the information to be given in such reports and how and when reports are to be published.

(4) Regulations under subsection (1) shall be made by statutory instrument, and a statutory instrument containing such regulations made by the Secretary of State shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(5) In this section—

“local highway authority” has the same meaning as in the 1980 Act, except that it does not include Transport for London; and

“local rights of way” has the same meaning as in section 60.

Interpretation of Part II

72

(1) In this Part, unless a contrary intention appears—

(a) “restricted byway” and “restricted byway rights” have the meaning given by section 48(4);

(b) expressions which are defined for the purposes of Part III of the 1981 Act by section 66(1) of that Act have the same meaning as in that Part.

(2) In this Part any reference to a highway includes a reference to part of a highway.

Part III — Nature conservation and wildlife protection

The Nature Conservancy Council for England

The Nature Conservancy Council for England: change of name

73

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Biological diversity

Conservation of biological diversity

74

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Sites of special scientific interest

75

(1) Schedule 9 (which makes amendments of the 1981 Act to change the law relating to sites of special scientific interest, including provision as to offences) has effect.

(2) A notification under section 23 of the National Parks and Access to the Countryside Act 1949 (notification to local planning authorities of areas of special scientific interest) which by virtue of section 28(13) of the 1981 Act as originally enacted had effect as if given under section 28(1)(a) of that Act, shall cease to have effect.

(3) In section 15(2) of the Countryside Act 1968 (which provides for agreements between the Nature Conservancy Council and those with interests in land which is included in an area of special scientific interest, or is adjacent to such land), for “adjacent” there is substituted “ other ”.

(4) After section 15 of the Countryside Act 1968 there is inserted—

(15A) (1) The Nature Conservancy Council may in circumstances set out in subsection (2) acquire compulsorily all or any part of the land referred to in section 15(2). (2) The circumstances are— (a) that the Nature Conservancy Council are satisfied that they are unable to conclude, on reasonable terms, such an agreement as is referred to in section 15(2), or (b) that they have entered into such an agreement, but they are satisfied it has been breached in such a way that the flora, fauna or geological or physiographical features referred to there are not being conserved satisfactorily. (3) A dispute about whether or not there has been a breach of the agreement for the purposes of subsection (2)(b) shall be determined by an arbitrator appointed by the Lord Chancellor. (4) Where the Nature Conservancy Council have acquired land compulsorily under this section, they may— (a) themselves take steps to conserve the flora, fauna or geological or physiographical features in question, or (b) dispose of the land on terms designed to secure that those flora, fauna or features are satisfactorily conserved. (5) In this section, “Nature Conservancy Council” means English Nature as respects land in England, and the Council as respects land in Wales.

Consequential amendments, transitional provisions and savings relating to s. 75

76

(1) Schedule 10 (which makes amendments of the 1981 Act consequential upon the substitution or repeal as respects England and Wales of certain sections in that Act, and also makes other consequential amendments) has effect.

(2) Schedule 11 (which makes transitional provisions and savings relating to the coming into force of section 75) has effect.

Ramsar sites

77

After section 37 of the 1981 Act there is inserted—

(37A) (1) Where a wetland in Great Britain has been designated under paragraph 1 of article 2 of the Ramsar Convention for inclusion in the list of wetlands of international importance referred to in that article, the Secretary of State shall— (a) notify English Nature if all or part of the wetland is in England; (b) notify the Countryside Council for Wales if it is in Wales; or (c) notify both of them if it is partly in England and partly in Wales. (2) Subject to subsection (3), upon receipt of a notification under subsection (1), each body notified shall, in turn, notify— (a) the local planning authority in whose area the wetland is situated; (b) every owner and occupier of any of that wetland; (c) the Environment Agency; and (d) every relevant undertaker (within the meaning of section 4(1) of the Water Industry Act 1991) and every internal drainage board (within the meaning of section 61C(1) of the Land Drainage Act 1991) whose works, operations or activities may affect the wetland. (3) English Nature and the Countryside Council for Wales may agree that in a case where the Secretary of State notifies both of them under subsection (1)(c), any notice under subsection (2) is to be sent by one or the other of them (and not both), so as to avoid duplicate notices under that subsection. (4) Subject to subsection (5), the “Ramsar Convention” is the Convention on Wetlands of International Importance especially as Waterfowl Habitat signed at Ramsar on 2nd February 1971, as amended by— (a) the Protocol known as the Paris Protocol done at Paris on 3rd December 1982; and (b) the amendments known as the Regina Amendments adopted at the Extraordinary Conference of the Contracting Parties held at Regina, Saskatchewan, Canada, between 28th May and 3rd June 1987. (5) If the Ramsar Convention is further amended after the passing of the Countryside and Rights of Way Act 2000, the reference to the Ramsar Convention in subsection (1) is to be taken after the entry into force of the further amendments as referring to that Convention as further amended (and the reference to paragraph 1 of article 2 is, if necessary, to be taken as referring to the appropriate successor provision).

Limestone pavement orders

Limestone pavement orders: offence

78

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Payments under certain agreements

Payments under agreements under s.16 of 1949 Act or s.15 of 1968 Act

79

In section 50 of the 1981 Act (which makes provision relating to payments under section 16 of the National Parks and Access to the Countryside Act 1949 or section 15 of the Countryside Act 1968), in subsection (1)(a), for sub-paragraphs (i) and (ii) and the preceding word “to” there is substituted “ to any person; or ”.

Powers of entry

80

(1) Section 51 of the 1981 Act (powers of entry) is amended as follows.

(2) In subsection (1), for paragraphs (a) to (d) there is substituted—

(a) to determine whether the land should be notified under section 28(1); (b) to assess the condition of the flora, fauna, or geological or physiographical features by reason of which land which has been notified under section 28(1) is of special interest; (c) to determine whether or not to offer to enter into an agreement under section 16 of the 1949 Act or section 15 of the 1968 Act in relation to the land; (d) to ascertain whether a condition to which a consent referred to in section 28E(3)(a) was subject has been complied with in relation to the land; (e) to ascertain whether an offence under section 28P or under byelaws made by virtue of section 28R is being, or has been, committed on or in relation to the land; (f) to formulate a management scheme for the land or determine whether a management scheme (or a proposed management scheme) for the land should be modified; (g) to prepare a management notice for the land; (h) to ascertain whether the terms of an agreement under section 16 of the 1949 Act or section 15 of the 1968 Act in relation to the land, or the terms of a management scheme or the requirements of a management notice in relation to the land, have been complied with; (i) to determine whether or not to offer to make a payment under section 28M in relation to the land; (j) to determine any question in relation to the acquisition of the land by agreement or compulsorily; (k) to determine any question in relation to compensation under section 20(3) of the 1949 Act as applied by section 28R of this Act; (l) to ascertain whether an order should be made in relation to the land under section 34 or if an offence under that section is being, or has been, committed on the land; (m) to ascertain whether an order should be made in relation to the land under section 42 or if an offence under that section is being, or has been, committed on the land;

(3) After subsection (1) there is inserted—

(1A) The power conferred by subsection (1) to enter land for any purpose includes power to enter for the same purpose any land other than that referred to in subsection (1). (1B) More than one person may be authorised for the time being under subsection (1) to enter any land.

(4) In subsection (2)—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) in paragraph (b), for “paragraph (c)” there is substituted “ paragraph (l) ”; and

(5) For subsection (3)(b) there is substituted—

(b) the purpose of the entry is to ascertain if an offence under section 28P, 34 or 42 is being, or has been, committed on or (as the case may be) in relation to that land.

(6) After subsection (3) there is inserted—

(3A) A person acting in the exercise of a power conferred by subsection (1) may— (a) use a vehicle or a boat to enter the land; (b) take a constable with him if he reasonably believes he is likely to be obstructed; (c) take with him equipment and materials needed for the purpose for which he is exercising the power of entry; (d) take samples of the land and of anything on it. (3B) If in the exercise of a power conferred by subsection (1) a person enters land which is unoccupied or from which the occupier is temporarily absent, he must on his departure leave it as effectively secured against unauthorised entry as he found it.

(7) After subsection (4) there is inserted—

(5) It is the duty of a relevant authority to compensate any person who has sustained damage as a result of— (a) the exercise of a power conferred by subsection (1) by a person authorised to do so by that relevant authority, or (b) the failure of a person so authorised to perform the duty imposed on him by subsection (3B), except where the damage is attributable to the fault of the person who sustained it; and any dispute as to a person’s entitlement to compensation under this subsection or as to its amount shall be referred to an arbitrator to be appointed, in default of agreement, by the Secretary of State

Enforcement of wildlife legislation

81

(1) Schedule 12 to this Act (which contains amendments relating to offences and enforcement powers under Part I of the 1981 Act) has effect.

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Part IV — Areas of outstanding natural beauty

Designation of areas

82

(1) Where it appears to Natural England that an area which is in England but not in a National Park is of such outstanding natural beauty that it is desirable that the provisions of this Part relating to areas designated under this section should apply to it, Natural England may, for the purpose of conserving and enhancing the natural beauty of the area, by order designate the area for the purposes of this Part as an area of outstanding natural beauty.

(2) Where it appears to the Natural Resources Body for Wales (in this Part referred to as “the NRBW”) that an area which is in Wales but not in a National Park is of such outstanding natural beauty that it is desirable that the provisions of this Part relating to areas designated under this section should apply to it, the NRBW may, for the purpose of conserving and enhancing the natural beauty of the area, by order designate the area for the purposes of this Part as an area of outstanding natural beauty.

(3) In this Part “area of outstanding natural beauty” means an area designated under this section as an area of outstanding natural beauty.

Procedure for designation orders

83

(1) Where Natural England or the NRBW propose to make an order under section 82, Natural England or the NRBW shall consult every local authority whose area includes any part of the area to which the proposed order is to relate.

(2) Before making the order, Natural England or the NRBW shall then publish, in the London Gazette and in one or more newspapers circulating in the area of every such local authority, notice that they propose to make the order, indicating the effect of the order and stating the time within which and manner in which representations with respect to the proposed order may be made to Natural England or the NRBW (as the case may be), and shall consider any representations duly made.

(3) An order under section 82 shall not come into operation unless and until confirmed—

(a) in the case of an order made by Natural England , by the Secretary of State, or

(b) in the case of an order made by the NRBW, by the National Assembly for Wales,

and, in submitting any such order to the Secretary of State or the Assembly, Natural England or NRBW shall forward to the Secretary of State or the Assembly any representations made by a local authority consulted under subsection (1) or made by any other person under subsection (2), other than representations to which effect is given by the order as submitted to the Secretary of State or the Assembly.

(4) The Secretary of State or the National Assembly for Wales may confirm an order submitted to him or it under this section either as submitted or with such modifications as the Secretary of State or the Assembly thinks expedient.

(5) Before refusing to confirm an order under section 82, or determining to confirm it with modifications, the Secretary of State shall consult Natural England and every local authority whose area includes any land to which the order as submitted, or as proposed to be modified, relates.

(6) Before refusing to confirm an order under section 82, or determining to confirm it with modifications, the National Assembly for Wales shall consult the NRBW and every local authority whose area includes any land to which the order as submitted, or as proposed to be modified, relates.

(7) An order under section 82 may be revoked or varied by a subsequent order under that section.

(8) Without prejudice to the powers of Natural England or the NRBW to vary an order under section 82, the Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales) may by order vary any order under that section made by Natural England or the NRBW; and subsection (1) applies to any order under section 82 made by the Secretary of State or the Assembly by virtue of this subsection with the substitution for references to Natural England of references to the Secretary of State and for references to the NRBW of references to the Assembly.

(9) It is the duty of Natural England and the NRBW to secure that copies of any order under section 82 relating to England or, as the case may be, to Wales, are available for inspection by the public at all reasonable times—

(a) at the office of Natural England or, as the case may be, the NRBW,

(b) at the offices of each local authority whose area includes any part of the area to which the order relates, and

(c) at such other place or places in or near that area as Natural England or, as the case may be, the NRBW may determine.

Functions of certain bodies in relation to areas of outstanding natural beauty

84

(1) The following provisions of the National Parks and Access to the Countryside Act 1949 (in this Part referred to as “the 1949 Act”)—

(a) section 6(4)(e) (duty of Natural England or NRBW to give advice in connection with development matters),

(b) section 9 (consultation in connection with development plan),

(d) section 65(5) and (5A) (consultation in connection with access orders),

apply in relation to areas of outstanding natural beauty as they apply in relation to National Parks.

(2) In section 6(4)(e) of the 1949 Act as it applies by virtue of subsection (1), “appropriate planning authority” means a local planning authority whose area consists of or includes the whole or any part of an area of outstanding natural beauty and includes a local authority, not being a local planning authority, by whom any powers of a local planning authority as respects an area of outstanding natural beauty are exercisable, whether under the 1949 Act or otherwise.

(3) Section 4A of the 1949 Act (which confers on the NRBW functions under Part II of that Act corresponding to those exercisable as respects England by Natural England) applies to the provisions mentioned in subsection (1)(a) and (b) for the purposes of their application to areas of outstanding natural beauty as that section applies for the purposes of Part II of the 1949 Act.

(4) A local planning authority whose area consists of or includes the whole or any part of an area of outstanding natural beauty has power, subject to subsections (5) and (6), to take all such action as appears to them expedient for the accomplishment of the purpose of conserving and enhancing the natural beauty of the area of outstanding natural beauty or so much of it as is included in their area.

(5) Nothing in this Part is to be taken to limit the generality of subsection (4); but in so far as the provisions of this Part or of the 1949 Act confer specific powers falling within that subsection those powers are to be exercised in accordance with those provisions and subject to any limitations expressed or implied in them.

(6) Without prejudice to the powers conferred by this Part, subsection (4) has effect only for the purpose of removing any limitation imposed by law on the capacity of a local planning authority by virtue of its constitution, and does not authorise any act or omission on the part of such an authority which apart from that subsection would be actionable at the suit of any person on any ground other than such a limitation.

(7) In this section “local planning authority” has the same meaning as in the Town and Country Planning Act 1990.

General duty of public bodies etc

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(A1) In exercising or performing any functions in relation to, or so as to affect, land in an area of outstanding natural beauty in England, a relevant authority other than a devolved Welsh authority must seek to further the purpose of conserving and enhancing the natural beauty of the area of outstanding natural beauty.

(A2) In exercising or performing any functions in relation to, or so as to affect, land in an area of outstanding natural beauty in England, a devolved Welsh authority must have regard to the purpose of conserving and enhancing the natural beauty of the area of outstanding natural beauty.

(1) In exercising or performing any functions in relation to, or so as to affect, land in an area of outstanding natural beauty in Wales, a relevant authority shall have regard to the purpose of conserving and enhancing the natural beauty of the area of outstanding natural beauty.

(1A) The Secretary of State may by regulations make provision about how a relevant authority is to comply with the duty under subsection (A1) (including provision about things that the authority may, must or must not do to comply with the duty).

(2) The following are relevant authorities for the purposes of this section—

(a) any Minister of the Crown,

(b) any public body,

(d) any person holding public office.

(3) In subsection (2)—

“devolved Welsh authority” has the same meaning as in the Government of Wales Act 2006 (see, in particular, section 157A of that Act);

“public body” includesa county council, county borough council, district council, parish council or community council;a joint planning board within the meaning of section 2 of the Town and Country Planning Act 1990;a joint committee appointed under section 102(1)(b) of the Local Government Act 1972;... a corporate joint committee established by regulations made under Part 5 of the Local Government and Elections (Wales) Act 2021;

“public office” means—an office under Her Majesty;an office created or continued in existence by a public general Act; oran office the remuneration in respect of which is paid out of money provided by Parliament

“statutory undertaker” means a person—who is or is deemed to be a statutory undertaker for the purposes of Part 11 of the Town and Country Planning Act 1990, orwho holds a gas system planner licence under section 7AA of the Gas Act 1986.

Establishment of conservation boards

86

(1) The Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales) may—

(a) in the case of any existing area of outstanding natural beauty, or

(b) in connection with the designation of any area as an area of outstanding natural beauty,

by order establish a board (in this Part referred to as “a conservation board”) to carry out in relation to that area the functions conferred on such a board by or under this Part.

(2) Schedule 13 (which relates to the constitution of conservation boards) has effect.

(3) Where the Secretary of State or the National Assembly for Wales considers it expedient for either of the purposes mentioned in section 87(1), an order under subsection (1) may—

(a) provide for the transfer to the conservation board to which the order relates of any of the functions of local authorities, so far as relating to the area of outstanding natural beauty in question, or

(b) provide for any function of a local authority, so far as relating to the area of outstanding natural beauty in question, to be exercisable concurrently by the local authority and by the conservation board.

(4) Subsection (3) does not apply to functions of a local authority under Part ... III, VII or XIII of the Town and Country Planning Act 1990 or under Part 2 or 6 of the Planning and Compulsory Purchase Act 2004.

(5) An order under subsection (1) may make further provision as to the constitution and administration of the conservation board to which it relates, including provision with respect to—

(a) the appointment of members,

(b) the removal and disqualification of members,

(d) proceedings of the board,

(e) the appointment of staff,

(f) consultation with other public bodies,

(g) records and documents of the board,

(h) the provision of information by the board, and

(i) complaints of maladministration.

(6) Before making an order under subsection (1) in relation to an area of outstanding natural beauty in England, the Secretary of State shall consult—

(a) Natural England, and

(b) every local authority whose area consists of or includes the whole or part of the area of outstanding natural beauty,

and shall not make the order unless satisfied that the majority of those local authorities consent.

(7) Before making an order under subsection (1) in relation to an area of outstanding natural beauty in Wales, the National Assembly for Wales shall consult—

(a) the NRBW, and

(b) every local authority whose area consists of or includes the whole or part of the area of outstanding natural beauty,

and shall not make the order unless satisfied that the majority of those local authorities consent.

(8) An order under subsection (1) which amends or revokes a previous order under that subsection establishing a conservation board—

(a) may be made only after consultation with the conservation board to which it relates (as well as the consultation required by subsection (6) or (7)), and

(b) in the case of an order revoking a previous order, may provide for the winding up of the board.

(9) Subject to any order under subsection (10), where there is a variation of the area of an area of outstanding natural beauty for which there is or is to be a conservation board, the area of outstanding natural beauty for which that board is or is to be the conservation board shall be taken, as from the time when the variation takes effect, to be that area as varied.

(10) Where provision is made for the variation of the area of an area of outstanding natural beauty for which there is or is to be a conservation board, the Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales) may by order make such transitional provision as he or it thinks fit with respect to—

(a) any functions which, in relation to any area that becomes part of the area of outstanding natural beauty, are by virtue of the variation to become functions of that conservation board; and

(b) any functions which, in relation to any area that ceases to be part of the area of outstanding natural beauty, are by virtue of the variation to become functions of a person other than that conservation board.

General purposes and powers

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(A1) It is the duty of a conservation board established in relation to an area in England, in the exercise of their functions, to seek to further—

(a) the purpose of conserving and enhancing the natural beauty of the area of outstanding natural beauty, and

(b) the purpose of increasing the understanding and enjoyment by the public of the special qualities of the area of outstanding natural beauty,

but if it appears to the board that there is a conflict between those purposes, they are to attach greater weight to the purpose mentioned in paragraph (a).

(1) It is the duty of a conservation board established in relation to an area in Wales, in the exercise of their functions, to have regard to—

(a) the purpose of conserving and enhancing the natural beauty of the area of outstanding natural beauty, and

(b) the purpose of increasing the understanding and enjoyment by the public of the special qualities of the area of outstanding natural beauty,

but if it appears to the board that there is a conflict between those purposes, they are to attach greater weight to the purpose mentioned in paragraph (a).

(2) A conservation board, whilst fulfilling their duties under subsection (A1) or (1) (as the case may be), shall seek to foster the economic and social well-being of local communities within the area of outstanding natural beauty... and shall for that purpose co-operate with local authorities and public bodies whose functions include the promotion of economic or social development within the area of outstanding natural beauty.

(3) Sections 37 and 38 of the Countryside Act 1968 (general duties as to the protection of interests of the countryside and the avoidance of pollution) apply to conservation boards as they apply to local authorities.

(4) The powers of a conservation board include power to do anything which, in the opinion of the board, is calculated to facilitate, or is conducive or incidental to—

(a) the accomplishment of the purposes mentioned in subsection (1), or

(b) the carrying out of any functions conferred on it by virtue of any other provision of this Part or by virtue of any enactment not contained in this Part.

(5) The powers conferred on a conservation board by subsection (4) do not include—

(a) power to do anything in contravention of any restriction imposed by virtue of this Part in relation to any express power of the board, or

(b) power to raise money (whether by borrowing or otherwise) in a manner which is not authorised apart from that subsection,

but the things that may be done in exercise of those powers are not to be treated as excluding anything by reason only that it involves the expenditure, borrowing or lending of money or the acquisition or disposal of any property or rights.

(6) Schedule 14 (which relates to the supplemental and incidental powers of conservation boards) has effect.

(7) An order under section 86(1) may—

(a) make further provision with respect to the supplemental and incidental powers of the conservation board to which it relates or the limits on those powers, including provision relating to the borrowing of money, and

(b) provide for any enactment which relates to or limits the supplemental or incidental powers or duties of local authorities or relates to the conduct of, or transactions by, local authorities to apply in relation to the conservation board with such modifications as may be specified in the order.

Orders establishing conservation boards

88

(1) Any power of the Secretary of State or the National Assembly for Wales to make an order under section 86(1) or (10) is exercisable by statutory instrument.

(2) No order shall be made under section 86(1) by the Secretary of State unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.

(3) A statutory instrument containing an order made under section 86(10) by the Secretary of State shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(4) If a draft of an order made under section 86(1) by the Secretary of State would, apart from this section, be treated for the purposes of the Standing Orders of either House of Parliament as a hybrid instrument, it shall proceed in that House as if it were not such an instrument.

(5) The power of the Secretary of State or the National Assembly for Wales to make an order under section 86(1) or (10) includes power to make such incidental, supplemental, consequential and transitional provision as the person making the order thinks necessary or expedient.

(6) The power of the Secretary of State or the National Assembly for Wales by an order under section 86(1) or (10) to make incidental, supplemental, consequential or transitional provision includes power for any incidental, supplemental, consequential or, as the case may be, transitional purpose—

(a) to apply with or without modifications,

(b) to extend, exclude or modify, or

any enactment or any instrument made under any enactment.

(7) The provision that may be made for incidental, supplemental, consequential or transitional purposes in the case of any order under section 86(1) or (10) which—

(a) establishes a conservation board or provides for the winding up of such a board, or

(b) otherwise has the effect of transferring functions from one person to another or of providing for functions to become exercisable concurrently by two or more persons or to cease to be so exercisable,

includes provision for the transfer of property, rights and liabilities from one person to another.

(8) The power of the Secretary of State or the National Assembly for Wales under section 86(1) or (10) to provide by order for the transfer of any property, rights or liabilities, or to make transitional provision in connection with any such transfer or with any order by which functions become or cease to be exercisable by any conservation board, includes, in particular, power to provide—

(a) for the management and custody of any transferred property (whether real or personal);

(b) for any liabilities transferred to include liabilities under any enactment;

(c) for legal proceedings commenced by or against any person to be continued by or against a person to whom property, rights or liabilities are transferred or, as the case may be, any board or other authority by whom any functions are to become exercisable;

(d) for the transfer of staff, compensation for loss of office, pensions and other staffing matters; and

(e) for treating any person to whom a transfer of property, rights or liabilities is made or, as the case may be, by whom any functions are to become exercisable as, for some or all purposes, the same person in law as the person from whom the transfer is made or the authority by whom the functions have previously been exercisable.

(9) The power of the Secretary of State or the National Assembly for Wales to make an order under section 86(1) or (10) includes power to make different provision for different cases, including different provision for different areas or localities and for different boards.

(10) In this section “enactment” includes an enactment contained in an Act passed after this Act.

Management plans

89

(1) Every conservation board shall, within two years after the date on which they are established, prepare and publish a plan which formulates their policy for the management of their area of outstanding natural beauty and for the carrying out of their functions in relation to it.

(2) Subject to subsection (3), the relevant local authority in respect of an area of outstanding natural beauty shall, before the end of the period of three years beginning with whichever is the later of—

(a) the commencement of this section, or

(b) the date on which the area is designated as an area of outstanding natural beauty,

prepare and publish a plan which formulates their policy for the management of the area of outstanding natural beauty and for the carrying out of their functions in relation to it.

(3) Subsection (2) does not apply where, before the end of the period mentioned in that subsection, a conservation board has been established for the area of outstanding natural beauty.

(4) A plan prepared under subsection (1) or (2) is to be known as an area of outstanding natural beauty management plan.

(5) A conservation board or relevant local authority may, instead of preparing a plan under subsection (1) or (2),—

(a) review any plan for the management of the area of outstanding natural beauty which has been prepared before the commencement of this section—

(i) by a local authority, or

(ii) by a joint committee established by two or more local authorities, and

(b) adopt the plan as reviewed as their area of outstanding natural beauty management plan, and

(6) A conservation board may, within six months of the date on which they are established, adopt an area of outstanding natural beauty management plan prepared for their area of outstanding natural beauty by the relevant local authority as their area of outstanding natural beauty management plan, and publish it under subsection (1).

(7) Subject to subsection (8), a conservation board shall review their area of outstanding natural beauty management plan before the end of the period of five years beginning with the date on which it was published and, after the first review, at intervals of not more than five years.

(8) Where a conservation board have adopted a plan under subsection (6), the first review must take place before the end of the period of three years beginning with the date on which the plan was published.

(9) Where an area of outstanding natural beauty management plan has been prepared under subsection (2), the relevant local authority shall review the plan before the end of the period of five years beginning with the date on which it was published and, after the first review, at intervals of not more than five years, but this subsection does not apply where a conservation board has been established for the area of outstanding natural beauty.

(10) Where a conservation board or relevant local authority review any plan under this section, they shall—

(a) determine on that review whether it would be expedient to amend the plan and what (if any) amendments would be appropriate,

(b) make any amendments that they consider appropriate, and

(11) In this section “relevant local authority” means—

(a) in the case of an area of outstanding natural beauty which is wholly comprised in one principal area, the local authority for that area, and

(b) in any other case, the local authorities for all the principal areas wholly or partly comprised in the area of outstanding natural beauty, acting jointly.

Supplementary provisions relating to management plans

90

(1) A conservation board or relevant local authority which is proposing to publish, adopt or review any plan under section 89 shall—

(a) give notice of the proposal—

(i) if the area of outstanding natural beauty is in England, to Natural England ...,

(ii) if the area of outstanding natural beauty is in Wales, to the NRBW, and

(iii) in the case of a conservation board, to every local authority whose area is wholly or partly comprised in the area of outstanding natural beauty,

(b) send a copy of the plan, together (where appropriate) with any proposed amendments of the plan, to every body to which notice of the proposal is required to be given by paragraph (a), and

(1A) In the case of an area of outstanding natural beauty in Wales, a conservation board or relevant local authority which is proposing to publish, adopt or review any plan under section 89 must have regard to—

(a) the state of natural resources report published under section 8 of the Environment (Wales) Act 2016, ...

(b) any area statement published under section 11 of that Act for an area that includes all or part of the area of outstanding natural beauty , and

(2) A conservation board or relevant local authority shall send to the Secretary of State or the National Assembly for Wales a copy of every plan, notice or report which they are required to publish under section 89.

(2A) The Secretary of State may by regulations make provision—

(a) requiring a plan under section 89 relating to an area of outstanding natural beauty in England to contribute to the meeting of any target set under Chapter 1 of Part 1 of the Environment Act 2021;

(b) setting out how such a plan must contribute to the meeting of such targets;

(c) setting out how a plan under section 89 relating to an area of outstanding natural beauty in England must further the purpose of conserving and enhancing the natural beauty of that area.

(3) In this section “relevant local authority” has the same meaning as in section 89.

Grants to conservation boards

91

(1) The Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales) may make grants to a conservation board, of such amounts and on such terms and conditions as the Secretary of State or the Assembly thinks fit.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Before determining the amount of any grant which it proposes to make to a conservation board under this section, or the purpose for which the grant is to be made, the National Assembly for Wales shall consult the NRBW.

Interpretation of Part IV and supplementary provision

92

(1) In this Part, unless a contrary intention appears—

“the 1949 Act” means the National Parks and Access to the Countryside Act 1949;

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

“area of outstanding natural beauty” has the meaning given by section 82(3);

“conservation board” has the meaning given by section 86(1);

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

“liability”, in relation to the transfer of liabilities from one person to another, does not include criminal liability;

“local authority” means a principal council within the meaning of the Local Government Act 1972;

“the NRBW” means the Natural Resources Body for Wales;

“principal area” has the same meaning as in the Local Government Act 1972.

(2) Any reference in this Part to the conservation of the natural beauty of an area includes a reference to the conservation of its flora, fauna and geological and physiographical features.

(3) This Part does not apply in relation to any of the lands mentioned in section 112(1) of the 1949 Act (Epping Forest and Burnham Beeches).

Consequential amendments and transitional provisions

93

Schedule 15 (which contains consequential amendments and transitional provisions relating to areas of outstanding natural beauty) has effect.

Part V — Miscellaneous and supplementary

Local access forums

94

(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,

(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.

Local access forums: supplementary

95

(1) Regulations under section 94 may in particular include provision—

(a) as to the appointment as members of a local access forum of persons appearing to the appointing authority to be representative of persons of any specified description or of any specified body;

(b) as to the establishment by appointing authorities of joint local access forums.

(2) The regulations must provide for the appointment of persons appearing to the appointing authority to be representative of—

(a) users of local rights of way or the right conferred by section 2(1);

(b) owners and occupiers of access land or land over which local rights of way subsist;

(3) In subsection (2)—

“access land” has the same meaning as in Part I;

“local rights of way” has the meaning given by section 60(5), but as if the references there to a local highway authority and their area were references to an appointing authority and their area.

(4) The Secretary of State and the National Assembly for Wales, in making regulations under section 94 containing such provision as is mentioned in subsection (2), must have regard to the desirability of maintaining a reasonable balance between the number of members of any local access forum appointed in accordance with paragraph (a) and in accordance with paragraph (b) of subsection (2).

(5) Regulations under section 94 may include such supplementary or incidental provision as appears to the Secretary of State or National Assembly for Wales (as the case may be) to be necessary or expedient.

(6) For the purposes of section 94, the Broads are to be treated as a National Park and the Broads Authority as a National Park authority.

(7) In subsection (6) “the Broads” has the same meaning as in the Norfolk and Suffolk Broads Act 1988.

(8) Regulations under section 94 shall be made by statutory instrument, and a statutory instrument containing such regulations made by the Secretary of State shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Management agreements

96

In section 39 of the 1981 Act (management agreements with owners and occupiers of land)—

(a) in subsection (1) the words “both in the countryside and” are omitted, and

(b) at the end of subsection (5) (authorities which may enter into management agreements) there is inserted—

(d) as respects any land in England, the Countryside Agency; (e) as respects any land in Wales, the Countryside Council for Wales; (f) as respects land in any area of outstanding natural beauty designated under section 82 of the Countryside and Rights of Way Act 2000 for which a conservation board has been established under section 86 of that Act, that board.

Norfolk and Suffolk Broads

Duty of public bodies etc. regarding the Broads

97

In Part IV of the Norfolk and Suffolk Broads Act 1988, before section 18 there is inserted—

(17A) (1) In exercising or performing any functions in relation to, or so as to affect, land in the Broads, a relevant authority shall have regard to the purposes of— (a) conserving and enhancing the natural beauty of the Broads; (b) promoting the enjoyment of the Broads by the public; and (c) protecting the interests of navigation. (2) The following are relevant authorities for the purposes of this section— (a) any Minister of the Crown, (b) any public body, (c) any statutory undertaker, (d) any person holding public office. (3) In subsection (2)— - “public body” includes 1. a county council, district council or parish council; 2. a joint planning board within the meaning of section 2 of the Town and Country Planning Act 1990; 3. a joint committee appointed under section 102(1)(b) of the Local Government Act 1972; - “public office” means— 1. an office under Her Majesty; 2. an office created or continued in existence by a public general Act; or 3. an office the remuneration in respect of which is paid out of money provided by Parliament.

Town and village greens

Registration of town and village greens

98

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Supplementary

Wales

99

(1) In Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999—

(a) the reference to the 1980 Act is to be treated as referring to that Act as amended by this Act, and

(b) the reference to the 1981 Act is to be treated as referring to that Act as amended by this Act.

(2) In that Schedule, at the end of the list of Public General Acts there is inserted—

Countryside and Rights of Way Act 2000 (c. 37) Schedule 11. .

(3) Subsection (1), and the amendment made by subsection (2), do not affect the power to make further Orders varying or omitting the references mentioned in subsection (1) or the provision inserted by subsection (2).

Isles of Scilly

100

(1) Subject to the provisions of any order under this section, the following provisions of this Act do not apply in relation to the Isles of Scilly—

(a) Part I; and

(b) sections 58 to 61 and 71.

(2) The Secretary of State may by order made by statutory instrument provide for the application of any of the provisions mentioned in subsection (1) in relation to the Isles of Scilly, subject to such modifications as may be specified in the order.

(3) Part IV applies in relation to the Isles of Scilly subject to such modifications as may be specified in an order made by the Secretary of State by statutory instrument.

(4) Before making an order under subsection (2) or (3), the Secretary of State shall consult the Council of the Isles of Scilly.

(5) In section 344 of the 1980 Act (application to the Isles of Scilly)—

(a) in subsection (2)(a) for “121” there is substituted “ 121E, 130A to 130D ”, and

(b) before “146” there is inserted “ 137ZA(4) ”.

Expenses

101

There shall be paid out of money provided by Parliament—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) any administrative expenses of a Minister of the Crown which are attributable to this Act,

(d) any increase attributable to this Act in the sums which under any other enactment are payable out of money so provided.

Repeals

102

The enactments mentioned in Schedule 16 are repealed to the extent specified.

Commencement

103

(1) The following provisions of this Act come into force on the day on which this Act is passed—

section 81(2) and (3),

this section, and

section 104.

(2) The following provisions of this Act come into force at the end of the period of two months beginning with the day on which this Act is passed—

section 1 and Schedule 1,

sections 3 to 11 and Schedule 3,

sections 15 to 17,

section 19,

Chapters II and III of Part I,

sections 40 to 45,

section 52,

sections 58 and 59,

sections 64 to 67 and Schedule 7 (apart from paragraphs 6 and 7 of that Schedule),

Part III (apart from section 81(2) and (3)), and Schedules 8, 9, 10, 11 and 12 and Parts III and IV of Schedule 16,

sections 94 and 95, and

section 98.

(3) The remaining provisions of this Act come into force on such day as the Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales) may by order made by statutory instrument appoint.

(4) Different days may be appointed under subsection (3) for different purposes or different areas.

(5) An order under subsection (3) may contain such transitional provisions or savings (including provisions modifying the effect of any enactment) as appear to the Secretary of State or the National Assembly for Wales (as the case may be) to be necessary or expedient in connection with any provision brought into force by the order.

Interpretation, short title and extent

104

(1) In this Act—

“the 1980 Act” means the Highways Act 1980;

“the 1981 Act” means the Wildlife and Countryside Act 1981;

“local access forum” means a local access forum established under section 94.

(2) Any reference in this Act, or in any enactment amended by this Act, to the commencement of any provision of this Act is, in relation to any area, a reference to the commencement of that provision in relation to that area.

(3) This Act may be cited as the Countryside and Rights of Way Act 2000.

(4) Subject to the following provisions of this section, this Act extends to England and Wales only.

(5) The following provisions extend also to Scotland—

sections 67 and 76;

in Schedule 7, paragraphs 3 and 5 to 7;

in Schedule 10, paragraph 2.

(6) Paragraph 1 of Schedule 10 extends to Scotland only.

(7) The provisions of Schedule 8 and of so much of Part III of Schedule 16 as relates to the enactments referred to in paragraphs 2 and 3 of Schedule 8 have the same extent as the enactments which they amend or repeal.

SCHEDULE 1

Part I — Excepted land

1

Land on which the soil is being, or has at any time within the previous twelve months been, disturbed by any ploughing or drilling undertaken for the purposes of planting or sowing crops or trees (other than land which is coastal margin and is, or forms part of, a coastal route strip) .

2

Land covered by buildings or the curtilage of such land.

3

Land (other than coastal margin) within 20 metres of a dwelling.

4

Land used as a park or garden.

5

Land used for the getting of minerals by surface working (including quarrying).

6

Land used for the purposes of a railway (including a light railway) or tramway.

7

Land used for the purposes of a golf course, racecourse or aerodrome (other than, in the case of land used for the purposes of a golf course, land which is coastal margin and is, or forms part of, a coastal route strip) .

8

Land which does not fall within any of the preceding paragraphs and is covered by works used for the purposes of a statutory undertaking or an electronic communications code network , or the curtilage of any such land.

9

Land as respects which development which will result in the land becoming land falling within any of paragraphs 2 to 8 is in the course of being carried out.

10

Land (other than coastal margin) within 20 metres of a building which is used for housing livestock, not being a temporary or moveable structure.

11

Land covered by pens in use for the temporary reception or detention of livestock.

12

Land (other than coastal margin) habitually used for the training of racehorses.

13

Land the use of which is regulated by byelaws under section 14 of the Military Lands Act 1892 or section 2 of the Military Lands Act 1900.

Part II — Supplementary provisions

14

(1) In this Schedule—

“approved section of the English coastal route” means a route in relevant approved proposals, other than an official alternative route,

“building” includes any structure or erection and any part of a building as so defined, but does not include any fence or wall, or anything which is a means of access as defined by section 34; and for this purpose “structure” includes any tent, caravan or other temporary or moveable structure;

“building”—includes any structure or erection and any part of a building as so defined, butdoes not include any fence or wall, anything which is a means of access as defined by section 34 or, in the case of land which is coastal margin, any slipway, hard or quay;and for this purpose “structure” includes any tent, caravan or other temporary or moveable structure;

“burial ground” means a place which, for the time being, is set apart as a churchyard, cemetery or other ground (whether or not consecrated) in which bodies are interred;

“coastal route strip” means—land over which the line of an approved section of the English coastal route, or an official alternative route, passes, andsubject to sub-paragraph (2), land which is adjacent to and within 2 metres either side of such a line;

“development” and “minerals” have the same meaning as in the Town and Country Planning Act 1990;

“official alternative route” has the same meaning as in section 3A;

“ploughing” and “drilling” include respectively agricultural or forestry operations similar to ploughing and agricultural or forestry operations similar to drilling;

“regulated caravan or camping site” means—land which is used for the purposes of a caravan site (within the meaning of section 1(4) of the Caravan Sites and Control of Development Act 1960) by virtue of–a site licence issued under Part 1 of that Act (caravan site licences),a certificate issued under paragraph 5 of Schedule 1 to that Act (sites approved by exempted organisations), orparagraph 11 of that Schedule (land occupied by a local authority as a caravan site), orland which is used for the purposes of a site for tents or other moveable dwellings (within the meaning of section 269 of the Public Health Act 1936) by virtue of a licence issued under subsection (1)(i) of that section (disregarding any certificate under subsection (6) of that section which has the effect of a licence);

“relevant approved proposals” has the same meaning as in section 3A;

“statutory undertaker” means—a person authorised by any enactment to carry on any railway, light railway, tramway, road transport, water transport, canal, inland navigation, dock, harbour, pier or lighthouse undertaking or any undertaking for the supply of hydraulic power,any public gas transporter, within the meaning of Part I of the Gas Act 1986,any water or sewerage undertaker,any holder of a licence under section 6(1) of the Electricity Act 1989, orthe Environment Agency, the Natural Resources Body for Wales, a universal service provider (within the meaning of Part 3 of the Postal Services Act 2011) in connection with the provision of a universal postal service (within the meaning of that Part), the Civil Aviation Authority or a person who holds a licence under Chapter I of Part I of the Transport Act 2000 (to the extent that the person is carrying out activities authorised by the licence);

“statutory undertaking” means—the undertaking of a statutory undertaker (which, in the case of a universal service provider (within the meaning of Part 3 of the Postal Services Act 2011), means his undertaking so far as relating to the provision of a universal postal service (within the meaning of that Part) and, in the case of a person who holds a licence under Chapter I of Part I of the Transport Act 2000, means that person’s undertaking as licence holder), oran airport to which Part V of the Airports Act 1986 applies.

(2) Where relevant approved proposals contain a proposal under section 55D(2)(c) of the National Parks and Access to the Countryside Act 1949 for the landward or seaward boundary of any part of a coastal route strip excluded from a description of excepted land by paragraph 1, 7, 13A or 13C to coincide with a physical feature identified in the proposal, the boundary in question is to coincide with that feature.

15

(1) Land is not to be treated as excepted land by reason of any development carried out on the land, if the carrying out of the development requires planning permission under ... the Town and Country Planning Act 1990 and that permission has not been granted.

(2) Sub-paragraph (1) does not apply where the development is treated by section 191(2) of the Town and Country Planning Act 1990 as being lawful for the purposes of that Act.

16

The land which is excepted land by virtue of paragraph 10 does not include—

(a) any means of access, as defined by section 34, or

(b) any way leading to such a means of access,

if the means of access is necessary for giving the public reasonable access to access land.

17

Land which is habitually used for the training of racehorses is not to be treated by virtue of paragraph 11 as excepted land except—

(a) between dawn and midday on any day, and

(b) at any other time when it is in use for that purpose.

SCHEDULE 2

General restrictions

1

(1) Section 2(1) Subject to sub-paragraph (2), section 2(1) does not entitle a person to be on any land if, in or on that land, he—

(a) drives or rides any vehicle other than an invalid carriage as defined by section 20(2) of the Chronically Sick and Disabled Persons Act 1970,

(b) uses a vessel or sailboard on any non-tidal water,

(d) commits any criminal offence,

(e) lights or tends a fire or does any act which is likely to cause a fire,

(f) intentionally or recklessly takes, kills, injures or disturbs any animal, bird or fish,

(g) intentionally or recklessly takes, damages or destroys any eggs or nests,

(h) feeds any livestock,

(i) bathes in any non-tidal water,

(j) engages in any operations of or connected with hunting, shooting, fishing, trapping, snaring, taking or destroying of animals, birds or fish or has with him any engine, instrument or apparatus used for hunting, shooting, fishing, trapping, snaring, taking or destroying animals, birds or fish,

(k) uses or has with him any metal detector,

(l) intentionally removes, damages or destroys any plant, shrub, tree or root or any part of a plant, shrub, tree or root,

(m) obstructs the flow of any drain or watercourse, or opens, shuts or otherwise interferes with any sluice-gate or other apparatus,

(n) without reasonable excuse, interferes with any fence, barrier or other device designed to prevent accidents to people or to enclose livestock,

(o) neglects to shut any gate or to fasten it where any means of doing so is provided, except where it is reasonable to assume that a gate is intended to be left open,

(p) affixes or writes any advertisement, bill, placard or notice,

(q) in relation to any lawful activity which persons are engaging in or are about to engage in on that or adjoining land, does anything which is intended by him to have the effect—

(i) of intimidating those persons so as to deter them or any of them from engaging in that activity,

(ii) of obstructing that activity, or

(iii) of disrupting that activity,

(r) without reasonable excuse, does anything which (whether or not intended by him to have the effect mentioned in paragraph (q)) disturbs, annoys or obstructs any persons engaged in a lawful activity on the land,

(s) engages in any organised games, or in camping, hang-gliding or para-gliding, or

(t) engages in any activity which is organised or undertaken (whether by him or another) for any commercial purpose.

(2) Nothing in sub-paragraph (1)(f) or (j) affects a person’s entitlement by virtue of section 2(1) to be on any land which is coastal margin if the person’s conduct (to the extent that it falls within sub-paragraph (1)(f) or (j)) is limited to permitted fishing-related conduct.

(3) In sub-paragraph (2) the reference to permitted fishing-related conduct is a reference to the person—

(a) having a fishing rod or line, or

(b) engaging in any activities which—

(i) are connected with, or ancillary to, fishing with a rod and line, or with a line only, in the exercise of a right to fish, and

(ii) take place on land other than land used for grazing or other agricultural purposes.

2

(1) In paragraph 1(k), “metal detector” means any device designed or adapted for detecting or locating any metal or mineral in the ground.

(2) For the purposes of paragraph 1(q) and (r), activity on any occasion on the part of a person or persons on land is “lawful” if he or they may engage in the activity on the land on that occasion without committing an offence or trespassing on the land.

3

Regulations may amend paragraphs 1 and 2.

4

(1) During the period beginning with 1st March and ending with 31st July in each year, section 2(1) does not entitle a person to be on any land if he takes, or allows to enter or remain, any dog which is not on a short lead.

(2) Sub-paragraph (1) does not apply in relation to land which is coastal margin.

5

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