F1 [ 1A Special considerations relating to access land. E+W

In determining whether any, and if so what, duty is owed by virtue of section 1 by an occupier of land at any time when the right conferred by section 2(1) of the Countryside and Rights of Way Act 2000 is exercisable in relation to the land, regard is to be had, in particular, to—

(a) the fact that the existence of that right ought not to place an undue burden (whether financial or otherwise) on the occupier,

(b) the importance of maintaining the character of the countryside, including features of historic, traditional or archaeological interest, and

(c) any relevant guidance given under section 20 of that Act.]

Textual Amendments

F1 S. 1A inserted (19.9.2004 for E.) by 2000 c. 37, ss. 13(3), 103(3) (with s. 43); S.I. 2004/2173, art. 2(1)(c)