Part I E+W Access to the countryside

Chapter I E+W Right of access

General E+W

2 Rights of public in relation to access land. E+W

(1) Any person is entitled by virtue of this subsection to enter and remain on any access land for the purposes of open-air recreation, if and so long as—

(a) he does so without breaking or damaging any wall, fence, hedge, stile or gate, and

(b) he observes the general restrictions in Schedule 2 and any other restrictions imposed in relation to the land under Chapter II.

(2) Subsection (1) has effect subject to subsections (3) and (4) and to the provisions of Chapter II.

(3) Subsection (1) does not entitle a person to enter or be on any land, or do anything on any land, in contravention of any [F1 relevant statutory prohibition] .

[F2 (3A) In subsection (3) “relevant statutory prohibition” means—

(a) in the case of land which is coastal margin, a prohibition contained in or having effect under any enactment, and

(b) in any other case, a prohibition contained in or having effect under any enactment other than an enactment contained in a local or private Act.]

(4) If a person becomes a trespasser on any access land by failing to comply with—

(a) subsection (1)(a),

(b) the general restrictions in Schedule 2, or

(c) any other restrictions imposed in relation to the land under Chapter II,

he may not, within 72 hours after leaving that land, exercise his right under subsection (1) to enter that land again or to enter other land in the same ownership.

(5) In this section “owner”, in relation to any land which is subject to a farm business tenancy within the meaning of the M1 Agricultural Tenancies Act 1995 or a tenancy to which the M2 Agricultural Holdings Act 1986 applies, means the tenant under that tenancy, and “ownership” shall be construed accordingly.

Textual Amendments

F1 Words in s. 2(3) substituted (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 303(3)(a), 324(2)(d) (with s. 308)

F2 S. 2(3A) inserted (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 303(3)(b), 324(2)(d) (with s. 308)

Modifications etc. (not altering text)

C1 S. 2(1) excluded (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 131(1)(a), 178(8); S.I. 2005/1521, art. 3(1)(n)

Commencement Information

I1 S. 2 in force at 19.9.2004 or the end of a period of six months beginning with the day on which the land is dedicated for the purposes of Part I under s. 16, whichever is the later or the end of a period of six months beginning with the day on which the land is dedicated for the purposes of Part I under s. 16, whichever is the later by S.I. 2004/2173, art. 2(2)

I2 S. 2 in force at 19.9.2004 for specified purposes for E. by S.I. 2004/2173, art. 2(1)(a)

I3 S. 2 in force at 14.12.2004 or the end of a period of six months beginning with the day on which the land is dedicated for the purposes of Pt. I under s. 16 , whichever is the later, for E. for specified purposes or the end of a period of six months beginning with the day on which the land is dedicated for the purposes of Pt. I under s. 16 , whichever is the later, for E. for specified purposes by S.I. 2004/3088, art. 2(2)

I4 S. 2 in force at 14.12.2004 for specified purposes for E. by S.I. 2004/3088, art. 2(1)

I5 S. 2 in force at 28.5.2005 or the end of a period of six months beginning with the day on which the land is dedicated for the purposes of Pt. I under s. 16, whichever is the later, for E. for specified purposes or the end of a period of six months beginning with the day on which the land is dedicated for the purposes of Pt. I under s. 16, whichever is the later, for E. for specified purposes by S.I. 2005/827, art. 2(2)

I6 S. 2 in force at 28.5.2005 for W. by S.I. 2005/423, art. 2(a)

I7 S. 2 in force at 28.5.2005 for specified purposes for E. by S.I. 2005/827, art. 2(1)

I8 S. 2 in force at 28.8.2005 or the end of a period of six months beginning with the day on which the land is dedicated for the purposes of Pt. I under s. 16, whichever is the later, for E. for specified purposes by S.I. 2005/1901, art. 2(2)

I9 S. 2 in force at 28.8.2005 for specified purposes for E. by S.I. 2005/1901, art. 2(1)

I10 S. 2 in force at 31.10.2005 or the end of a period of six months beginning with the day on which the land is dedicated for the purposes of Pt. I under s. 16, whichever is the later, for E. for specified purposes by S.I. 2005/2752, art. 2(2)

I11 S. 2 in force at 31.10.2005 for specified purposes for E. by S.I. 2005/2752, art. 2(1)(a)

Marginal Citations

M1 1995 c. 8.

M2 1986 c. 5.