Part IE+W Access to the countryside

Valid from 30/01/2001

Chapter IIE+W Exclusion or restriction of access

29 Reference by relevant advisory body.E+W

(1)Subsections (2) and (3) apply where—

(a)the relevant advisory body has given advice under section 26(4) or on being consulted under section 27(6), but

(b)in any respect, the relevant authority decide not to act in accordance with that advice.

(2)The relevant advisory body may refer the decision—

(a)in the case of land in England, to the appropriate Minister, or

(b)in the case of land in Wales, to the National Assembly for Wales.

(3)On a reference under this section the appropriate Minister or the National Assembly for Wales may, if he or it thinks fit—

(a)cancel any direction given by the relevant authority, or

(b)require the relevant authority to give such direction under section 26 as the appropriate Minister or, as the case may be, the Assembly, think fit.

(4)Sections 7 and 8 (and Schedule 3) have effect in relation to a reference under this section as they have effect in relation to an appeal under section 6 but as if references to the Secretary of State were references to the appropriate Minister.

(5)In this section—

  • the appropriate Minister” means—

    (a)

    in relation to land as respects which by virtue of section 21(6) the Forestry Commissioners are the relevant authority, the Minister of Agriculture, Fisheries and Food, and

    (b)

    in relation to other land, the Secretary of State;

  • the relevant advisory body” has the same meaning as in section 26, except that it does not include the National Assembly for Wales.