Part I Access to the countryside

Chapter I Right of access

Miscellaneous provisions relating to right of access

17 Byelaws.

1

An access authority may, as respects access land in their area, make byelaws—

a

for the preservation of order,

b

for the prevention of damage to the land or anything on or in it, and

c

for securing that persons exercising the right conferred by section 2(1) so behave themselves as to avoid undue interference with the enjoyment of the land by other persons.

2

Byelaws under this section may relate to all the access land in the area of the access authority or only to particular land.

3

Before making byelaws under this section, the access authority shall consult—

a

the appropriate countryside body, and

b

any local access forum established for an area to which the byelaws relate.

4

Byelaws under this section shall not interfere—

a

with the exercise of any public right of way,

b

with any authority having under any enactment functions relating to the land to which the byelaws apply, or

c

with the running of a telecommunications code system or the exercise of any right conferred by or in accordance with the telecommunications code on the running of any such system.

5

Sections 236 to 238 of the M1Local Government Act 1972 (which relate to the procedure for making byelaws, authorise byelaws to impose fines not exceeding level 2 on the standard scale, and provide for the proof of byelaws in legal proceedings) apply to all byelaws under this section whether or not the authority making them is a local authority within the meaning of that Act.

6

The confirming authority in relation to byelaws made under this section is—

a

as respects England, the Secretary of State, and

b

as respects Wales, the National Assembly for Wales.

7

Byelaws under this section relating to any land—

a

may not be made unless the land is access land or the access authority are satisfied that it is likely to become access land, and

b

may not be confirmed unless the land is access land.

8

Any access authority having power under this section to make byelaws also have power to enforce byelaws made by them; and any county council or district or parish council may enforce byelaws made under this section by another authority as respects land in the area of the council.