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The Countryside Access (Dedication of Land as Access Land) (Wales) Regulations 2003

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Form and content of dedication instruments

3.  A dedication instrument must:

(a)be in writing, either in the English language or the Welsh language or, if prepared in bilingual form, in both;

(b)state that it is made under section 16(1) of the Act and that its effect, when it comes into force in accordance with regulation 5 of these Regulations, will be to dedicate the land to which it relates for the purposes of Part I of the Act;

(c)identify the land to be dedicated by reference to a plan or map annexed to the instrument:

(i)to a scale of not less than 1:10,000;

(ii)on which the boundaries of the land to be dedicated are clearly marked; and

(iii)on which the position of sufficient Ordnance Survey National Grid lines or identifiable geographical features are shown as to enable the general location of the land to be ascertained;

(d)state the name, address and post code of all persons who are making the dedication;

(e)state the nature of the interest which each person making the dedication has in the land being dedicated, and, if any such interest is a legal term of years absolute, the date when that term is to expire;

(f)where the interest of any person making the dedication does not relate to the whole of the land being dedicated, identify the extent of the land to which that person’s interest relates by reference to boundaries clearly marked on the plan or map annexed to the instrument pursuant to paragraph (c);

(g)state the name, address and post code of all persons, other than those who are making the dedication, who are consenting to it;

(h)state the nature of the interest which each person consenting to the dedication has in the land being dedicated and, where that interest does not relate to the whole of the land being dedicated, identify the extent of the land to which that interest relates either by description in words or by reference to the plan or map annexed to the instrument;

(i)contain a declaration by or on behalf of the persons making the dedication that to the best of the knowledge and belief of those persons there are no persons other than those identified in accordance with paragraph (d) who are required by section 16(1) of the Act to join in the dedication and no persons, other than those identified in accordance with paragraphs (d) and (g) who are required by section 16(2) of the Act either to join in the dedication or consent to it;

(j)state whether, in relation to any of the land to be dedicated, the persons making the dedication intend that there should be a removal or a relaxation of any of the general restrictions to be observed by persons exercising the right of access set out in paragraph 1, 4 or 5 of Schedule 2 to the Act and, if so:

(i)identify, by reference to the paragraph number and, in the case of paragraph 1, the sub-paragraph letter, which of the restrictions are to be removed or, as the case may be, relaxed;

(ii)in the case of a restriction which is to be relaxed, the extent of the relaxation;

(iii)whether, in relation to each restriction which is to be removed or to be relaxed, the removal or relaxation is to apply to the whole of the land to be dedicated and, if not, to which part or parts of the land it is to apply; and

(iv)identify, by reference to boundaries clearly marked on the plan or map annexed to the instrument pursuant to paragraph (c), or a separate plan or map to no less a scale annexed to the instrument for the purposes of this paragraph, the part or parts of the land to which the removal or relaxation of the restrictions are to apply;

(k)contain a declaration of consent to the terms of the instrument signed by, or by some person authorised to sign on behalf of, each of the persons identified pursuant to paragraph (g); and

(l)contain, immediately before the place where it is to be signed when executed, a declaration that the provisions of regulation 4(4) have been complied with.

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