Section 2.
1 [F1(1)] [F2Section 2(1)] [F2Subject to sub-paragraph (2), section 2(1)] does not entitle a person to be on any land if, in or on that land, he—E+W
(a)drives or rides any vehicle other than an invalid carriage as defined by section 20(2) of the M1Chronically Sick and Disabled Persons Act 1970,
(b)uses a vessel or sailboard on any non-tidal water,
(c)has with him any animal other than a dog,
(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.
[F3(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.]
Textual Amendments
F1Sch. 2 para. 1(1): Sch. 2 para. 1 renumbered as Sch. 2 para. 1(1) (E.) (6.4.2010) by The Access to the Countryside (Coastal Margin) (England) Order 2010 (S.I. 2010/558), art. 1(2), Sch. 1 para. 12(a)
F2Words in Sch. 2 para. 1(1) substituted (E.) (6.4.2010) by The Access to the Countryside (Coastal Margin) (England) Order 2010 (S.I. 2010/558), art. 1(2), Sch. 1 para. 12(b)
F3Sch. 2 para. 1(2), (3) added (E.) (6.4.2010) by The Access to the Countryside (Coastal Margin) (England) Order 2010 (S.I. 2010/558), art. 1(2), Sch. 1 para. 12(c)
Modifications etc. (not altering text)
C1Sch. 2 para. 1 applied (with modifications) (coming into force in accordance with s. 1(2)-(4) of 2002 c. i) by 2002 c. i, ss. 1(2), 11(4)(6)(7), 42 (with ss. 38, 39)
Commencement Information
I1Sch. 2 para. 1 in force at 19.9.2004 for E. by S.I. 2004/2173, art. 2(1)(h)
I2Sch. 2 para. 1 in force at 28.5.2005 for W. by S.I. 2005/423, art. 2(g)
Marginal Citations
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.E+W
(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.
Modifications etc. (not altering text)
C2Sch. 2 para. 2 applied (with modifications) (coming into force in accordance with s. 1(2)-(4) of 2002 c. i) by 2002 c. i, ss. 1(2), 11(4)(6)(7), 42 (with ss. 38, 39)
Commencement Information
I3Sch. 2 para. 2 in force at 19.9.2004 for E. by S.I. 2004/2173, art. 2(1)(h)
I4Sch. 2 para. 2 in force at 28.5.2005 for W. by S.I. 2005/423, art. 2(g)
3E+WRegulations may amend paragraphs 1 and 2.
Commencement Information
I5Sch. 2 para. 3 in force at 19.9.2004 for E. by S.I. 2004/2173, art. 2(1)(h)
I6Sch. 2 para. 3 in force at 28.5.2005 for W. by S.I. 2005/423, art. 2(g)
4 [F4(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.E+W
[F5(2)Sub-paragraph (1) does not apply in relation to land which is coastal margin.]
Textual Amendments
F4Sch. 2 para. 4(1): Sch. 2 para. 4 renumbered as Sch. 2 para. 4(1) (E.) (6.4.2010) by The Access to the Countryside (Coastal Margin) (England) Order 2010 (S.I. 2010/558), art. 1(2), Sch. 1 para. 13
F5Sch. 2 para. 4(2) added (E.) (6.4.2010) by The Access to the Countryside (Coastal Margin) (England) Order 2010 (S.I. 2010/558), art. 1(2), Sch. 1 para. 13
Commencement Information
I7Sch. 2 para. 4 in force at 19.9.2004 for E. by S.I. 2004/2173, art. 2(1)(h)
I8Sch. 2 para. 4 in force at 28.5.2005 for W. by S.I. 2005/423, art. 2(g)
5E+WWhatever the time of 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 and which is in the vicinity of livestock.
Commencement Information
I9Sch. 2 para. 5 in force at 19.9.2004 for E. by S.I. 2004/2173, art. 2(1)(h)
I10Sch. 2 para. 5 in force at 28.5.2005 for W. by S.I. 2005/423, art. 2(g)
6E+WIn paragraphs 4 and 5, “short lead” means a lead of fixed length and of not more than two metres.
Commencement Information
I11Sch. 2 para. 6 in force at 19.9.2004 for E. by S.I. 2004/2173, art. 2(1)(h)
I12Sch. 2 para. 6 in force at 28.5.2005 for W. by S.I. 2005/423, art. 2(g)
[F66A.(1)Whatever the time of year, section 2(1) does not entitle a person to be on any land which is coastal margin at any time if—E
(a)that person has taken onto the land, or allowed to enter or remain on the land, any dog, and
(b)at that time, the dog is not under the effective control of that person or another person.
(2)For this purpose a dog is under the effective control of a person if the following conditions are met.
(3)The first condition is that—
(a)the dog is on a lead, or
(b)the dog is within sight of the person and the person remains aware of the dog’s actions and has reason to be confident that the dog will return to the person reliably and promptly on the person’s command.
(4)The second condition is that the dog remains—
(a)on access land, or
(b)on other land to which that person has a right of access.
(5)For the purposes of sub-paragraph (4), a dog which is in tidal waters is to be regarded as remaining on access land.
Textual Amendments
F6Sch. 2 para. 6A - Sch. 2 para. 6B inserted (E.) (6.4.2010) by The Access to the Countryside (Coastal Margin) (England) Order 2010 (S.I. 2010/558), art. 1(2), Sch. 1 para. 14
6B.(1)Section 2(1) does not entitle a person to be on any land which is coastal margin if, on that land, the person obstructs any person passing, or attempting to pass, on foot along any part of the English coastal route, any official alternative route or any relevant temporary route.E+W
(2)In this paragraph—
“the English coastal route” means the route secured pursuant to the coastal access duty (within the meaning of section 296 of the Marine and Coastal Access Act 2009);
“official alternative route” has the meaning given by section 55J of the National Parks and Access to the Countryside Act 1949;
“relevant temporary route” means a route for the time being having effect by virtue of a direction under section 55I of that Act to the extent that the line of the route passes over coastal margin.]
Textual Amendments
F6Sch. 2 para. 6A - Sch. 2 para. 6B inserted (E.) (6.4.2010) by The Access to the Countryside (Coastal Margin) (England) Order 2010 (S.I. 2010/558), art. 1(2), Sch. 1 para. 14
7(1)The relevant authority may by direction, with the consent of the owner of any land, remove or relax any of the restrictions imposed by paragraphs 1, 4 and 5 in relation to that land, either indefinitely or during a specified period.E+W
(2)In sub-paragraph (1), the reference to a specified period includes references—
(a)to a specified period in every calendar year, or
(b)to a period which is to be determined by the owner of the land in accordance with the direction and notified by him to the relevant authority in accordance with regulations.
(3)Regulations may make provision as to—
(a)the giving or revocation of directions under this paragraph,
(b)the variation of any direction given under this paragraph by a subsequent direction so given,
(c)the giving or revocation of consent for the purposes of sub-paragraph (1), and
(d)the steps to be taken by the relevant authority or the owner for informing the public about any direction under this paragraph or its revocation.
(4)In this paragraph—
“the relevant authority” has the meaning given by section 21;
“owner”, in relation to any land which is subject to a farm business tenancy within the meaning of the M2Agricultural Tenancies Act 1995 or a tenancy to which the M3Agricultural Holdings Act 1986 applies, means the tenant under that tenancy.
Commencement Information
I13Sch. 2 para. 7 in force at 19.9.2004 for E. by S.I. 2004/2173, art. 2(1)(h)
I14Sch. 2 para. 7 in force at 28.5.2005 for W. by S.I. 2005/423, art. 2(g)
Marginal Citations
8E+WIn relation to land to which a dedication under section 16 relates (whether or not it would be access land apart from the dedication), the provisions of this Schedule have effect subject to the terms of the dedication.
Commencement Information
I15Sch. 2 para. 8 in force at 19.9.2004 for E. by S.I. 2004/2173, art. 2(1)(h)
I16Sch. 2 para. 8 in force at 28.5.2005 for W. by S.I. 2005/423, art. 2(g)