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

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Removal or relaxation of restrictions on dedicated land

7.—(1) Where a dedication instrument contains a statement pursuant to paragraph (j) of regulation 3, 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 apply subject to any removal or relaxation specified in the declaration pursuant to that paragraph.

(2) Where any person or persons could, in relation to any land to which a dedication instrument relates, dedicate that land (had it not already been dedicated) under section 16(1) of the Act, they may remove any such general restrictions as continue to apply in relation to that land, or relax or further relax them, as the case may be, by an amending dedication instrument.

(3) Subject to paragraphs (4) to (7), the provisions of these Regulations apply to amending dedication instruments as they apply to dedication instruments.

(4) Paragraph (b) of regulation 3 applies to an amending dedication instrument as if the reference to the statement required were a reference to a statement that it is made in accordance with paragraph (2) of this regualtion and that its effect, when it comes into force in accordance with regulation 5 of these Regulations, will be that certain of the general restrictions to be observed by persons exercising access to the land to which it relates will be removed, relaxed or further relaxed in accordance with the terms of the amending dedication instrument.

(5) Paragraphs (g), (h) and (k) of regulation 3 do not apply to an amending dedication instrument.

(6) References in these Regulations to land to be dedicated are to be construed, in relation to an amending dedication instrument, as references to the land in relation to which the general restrictions to be observed by persons exercising access to that land are to be removed, relaxed or further relaxed.

(7) The reference in regulation 5(2) to the effect of a dedication instrument when it comes into force is to be construed, in relation to an amending dedication instrument, as a reference to the taking effect of the removal, relaxation or further relaxation of the general restrictions to be observed by persons exercising access to land which are set out in the instrument.

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