Countryside and Rights of Way Act 2000

26 Nature conservation and heritage preservation

(1) The relevant authority may by direction exclude or restrict access by virtue of section 2(1) to any land during any period if they are satisfied that the exclusion or restriction of access by virtue of section 2(1) to the extent provided by the direction is necessary for either of the purposes specified in subsection (3).

(2) A direction under subsection (1) may be expressed to have effect—

(a) during a period specified in the direction,

(b) during a specified period in every calendar year, or

(c) during a period which is to be—

(i) determined by a specified person in accordance with the direction, and

(ii) notified by him to the relevant authority in accordance with regulations under section 32(1)(d), or

(d) indefinitely.

(3) The purposes referred to in subsection (1) are—

(a) the purpose of conserving flora, fauna or geological or physiographical features of the land in question;

(b) the purpose of preserving—

(i) any scheduled monument as defined by section 1(11) of the [1979 c. 46.] Ancient Monuments and Archaeological Areas Act 1979, or

(ii) any other structure, work, site, garden or area which is of historic, architectural, traditional, artistic or archaeological interest.

(4) In considering whether to give a direction under this section, the relevant authority shall have regard to any advice given to them by the relevant advisory body.

(5) Subsection (4) does not apply where the direction is given by the Countryside Council for Wales for the purpose specified in subsection (3)(a) or revokes a direction given by them for that purpose.

(6) In this section “the relevant advisory body”—

(a) in relation to a direction which is to be given for the purpose specified in subsection (3)(a) or which revokes a direction given for that purpose, means—

(i) in the case of land in England, English Nature, and

(ii) in the case of land in Wales in respect of which the Countryside Council for Wales are not the relevant authority, the Countryside Council for Wales, and

(b) in relation to a direction which is to be given for the purpose specified in subsection (3)(b) or which revokes a direction given for that purpose, means—

(i) in the case of land in England, the Historic Buildings and Monuments Commission for England, and

(ii) in the case of land in Wales, the National Assembly for Wales.