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.