(1)For the purposes of section 1(1), land is to be treated as being accessible to the public apart from this Act at any time if, but only if, at that time—
(a)section 193 of the M1Law of Property Act 1925 (rights of the public over commons and waste lands) applies to it,
(b)by virtue of a local or private Act or a scheme made under Part I of the M2Commons Act 1899 (as read with subsection (2)), members of the public have a right of access to it at all times for the purposes of open-air recreation (however described),
(c)an access agreement or access order under Part V of the National Parks and Access to the M3Countryside Act 1949 is in force with respect to it, or
(d)the public have access to it under subsection (1) of section 19 of the M4Ancient Monuments and Archaeological Areas Act 1979 (public access to monuments under public control) or would have access to it under that subsection but for any provision of subsections (2) to (9) of that section.
(2)Where a local or private Act or a scheme made under Part I of the M5Commons Act 1899 confers on the inhabitants of a particular district or neighbourhood (however described) a right of access to any land for the purposes of open-air recreation (however described), the right of access exercisable by those inhabitants in relation to that land is by virtue of this subsection exercisable by members of the public generally.