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Part IE+W Access to the countryside

Chapter IE+W Right of access

Miscellaneous provisions relating to right of accessE+W

18 Wardens.E+W

(1)An access authority or a district council may appoint such number of persons as may appear to the authority making the appointment to be necessary or expedient, to act as wardens as respects access land in their area.

(2)As respects access land in an area for which there is a local access forum, an access authority shall, before they first exercise the power under subsection (1) and thereafter from time to time, consult the local access forum about the exercise of that power.

(3)Wardens may be appointed under subsection (1) for the following purposes—

(a)to secure compliance with byelaws under section 17 and with the general restrictions in Schedule 2 and any other restrictions imposed under Chapter II,

(b)to enforce any exclusion imposed under Chapter II,

(c)in relation to the right conferred by section 2(1), to advise and assist the public and persons interested in access land,

(d)to perform such other duties (if any) in relation to access land as the authority appointing them may determine.

(4)For the purpose of exercising any function conferred on him by or under this section, a warden appointed under subsection (1) may enter upon any access land.

(5)A warden appointed under subsection (1) shall, if so required, produce evidence of his authority before entering any access land in the exercise of the power conferred by subsection (4), and shall also produce evidence of his authority while he remains on the access land, if so required by any person.

(6)Except as provided by subsection (4), this section does not authorise a warden appointed under subsection (1), on land in which any person other than the authority who appointed him has an interest, to do anything which apart from this section would be actionable at that person’s suit by virtue of that interest.

Commencement Information

I1S. 18 in force at 21.6.2004 for W. by S.I. 2004/1489, art. 2(a)

I2S. 18 in force at 19.9.2004 for E. by S.I. 2004/2173, art. 2(1)(e)