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The Access to the Countryside (Northern Ireland) Order 1983

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Rights of public where access agreement or order is in forceN.I.

26.—(1) Subject to the following provisions of this Part, a person who—

(a)enters upon land comprised in an access agreement or order for the purpose of open-air recreation without causing damage, or

(b)is on such land having so entered thereon,

shall not be treated as a trespasser on that land or incur any other liability by reason only of so entering or being on the land.

(2) Paragraph (1) shall not—

(a)apply to land which is excepted land, unless an access agreement provides that it shall so apply;

(b)entitle a person to enter or be on any land, or to do anything on any land, in contravention of any prohibition contained in or having effect under any statutory provision.

(3) An access agreement or order may specify or provide for imposing restrictions subject to which persons may enter or be upon land by virtue of paragraph (1), including restrictions excluding the land or any part of the land at particular times from the operation of paragraph (1); and that paragraph shall not apply to any person entering or being on the land in contravention of any such restriction or failing to comply with any such restriction while he is on the land.

(4) Without prejudice to paragraph (3), paragraph (1) shall have effect subject to the provisions of Schedule 2 as to the general restrictions to be observed by persons having rights of access by virtue of paragraph (1).

(5) In this Order “excepted land” means land which for the time being is of any of the descriptions contained in Schedule 3, but land which is for the time being comprised in an access agreement or order shall not become excepted land by reason of any development carried out on the land if the development is one for which planning permission is required and either that permission has not been granted or any condition subject to which it was granted has been contravened or has not been complied with.

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