The Access to the Countryside (Exclusions and Restrictions) (Amendment) (England) Regulations 2011

EXPLANATORY NOTE

(This note is not part of the Regulations)

Part 1 of the Countryside and Rights of Way Act 2000 (“the Act”) confers a public right of access to certain types of land, subject to certain conditions. Chapter 2 of Part 1 provides for the exclusion or restriction of this right in certain circumstances. Chapter 2 was modified by article 8 of, and Part 3 of the Schedule to, the Access to the Countryside (Coastal Margin) (England) Order 2010 (S.I. 2010/558) (“the Coastal Margin Order”) in relation to land which is coastal margin (as defined by section 1(2) of the Act). These Regulations, which apply in relation to England only, amend the Access to the Countryside (Exclusions and Restrictions) (England) Regulations 2003 (S.I. 2003/2713) (“the 2003 Regulations”) which were themselves amended by the Access to the Countryside (Exclusions and Restrictions)(England)(Amendment) Regulations 2006 (S.I. 2006/990).

The 2003 Regulations contain provision relating to the exclusion or restriction of the right of access conferred by Part 1 of the Act, and in particular set out the procedures on an application to a relevant authority (as defined by section 21(5) of the Act(1)) for a direction excluding or restricting access under Part 1 of the Act. They also set out the procedure for an appeal under the Act where a relevant authority has decided not to act in accordance with an application for a direction.

These Regulations amend the 2003 Regulations as they relate to land which is coastal margin, by—

(a) specifying the information to be included in an application for a direction under section 24 or 25 (regulation 4); and

(b) making amendments consequential on the insertion by the Coastal Margin Order of section 25A (power to make directions to exclude or restrict access on salt marshes and flats) in Chapter 2 (regulations 5-10).

These Regulations also –

(a) amend regulation 9 of the 2003 Regulations (consultation on proposals for long-term exclusions or restrictions) to streamline the requirements for the provision of information during a consultation (regulation 6); and

(b) remove the right of the appellant or the relevant authority to request site inspections in certain circumstances on an appeal (regulations 13, 16 and 20).

A separate Impact Assessment has not been prepared in respect of these Regulations, because the Impact Assessment which was prepared for Part 9 of the Marine and Coastal Access Act 2009 (Coastal Access) examined the impact of the implementation of Part 9 of which these Regulations form part. In so far as these Regulations have effect in relation to the right of access under Part 1 of the 2000 Act as it applies in relation to land which is open country or registered common land (as defined by section 1(2) and (3) of the 2000 Act), no burden on the private, voluntary or public sector is foreseen.

(1)

Section 21(5) was modified, in its application in relation to land which is coastal margin, by article 8 of, and paragraph 15(1)(a) of Part 3 of the Schedule to the Coastal Margin Order.