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