The Access to the Countryside (Means of Access, Appeals) (England) Regulations 2004

Explanatory Note

(This note is not part of the Regulations)

Part I (sections 1-46) of the Countryside and Rights of Way Act 2000 (“the Act”) makes provision for access to the countryside.

Section 35 of the Act relates to agreements between access authorities and owners and occupiers of land with respect to the means of access to access land.

Section 36(3) of the Act provides that, if an owner or occupier fails to observe any restriction in an agreement under section 35 of the Act, the access authority may give him notice to carry out works to remedy the breach of the restriction.

Section 37 of the Act enables an access authority to carry out works to provide means of access to access land where the authority are satisfied that they are unable to conclude on reasonable terms an agreement under section 35 of the Act. Before carrying out those works the access authority must, under section 37(1) of the Act, give notice to the owner and occupier that the authority intend to carry out the works specified in the notice.

Section 38(1) of the Act gives the owner and occupier the right to appeal against a notice under section 36(3) or 37(1).

These Regulations provide for the period within which, and the manner in which, appeals under section 38(1) of the Act are to be brought and also make provision for the advertising of these appeals and for the appeal procedures. In particular–

(a) Part 2 (regulations 4-12) of these Regulations relate to the initial stages of an appeal and include provision that–

(i) appeals are to be made by notice on a form obtained from the Secretary of State (regulation 4(1));

(ii) an appeal against a notice under section 36(3) of the Act shall be made within the period specified in that notice within which the works specified in that notice are to be carried out (regulation 4(2)(a)); and

(iii) an appeal against a notice under section 37(1) of the Act shall be made within the period specified in that notice after which the access authority intend to carry out the works specified in that notice (regulation 4(2)(b));

(b) Part 3, Chapters I to III (regulations13-36) of these Regulations relate to the determination of these appeals and set out the procedures for–

(i) appeals to be determined on the basis of written representations (Chapter I, regulations 13-15);

(ii) appeals to be determined by way of a hearing (Chapter II, regulations 16-24); and

(iii) appeals to be determined by way of an inquiry (Chapter III, regulations 25-36).

(c) Part 3, Chapter IV (regulations 37-42) of these Regulations contains general provisions, including provision for allowing further time for taking any step required by these Regulations (regulation 38) and provision for the inspection and copying of documents (regulation 39).

A full regulatory impact assessment has not been produced for this instrument as it has no impact on the costs of business.