42—(1) Subject to this section, this Part applies to any land which is open to the air and to which the public are entitled or permitted to have access (with or without payment).
(2) For the purposes of this section, any land which is covered is to be treated as land which is “open to the air” if it is open to the air on at least one side.
(3) The Department may by order designate land as land to which this Part does not apply (generally or for such purposes as may be specified in the order).
(4) Land may be designated under subsection (3) specifically or by description.
(5) Where a private Act confers powers on a person other than a district council for the regulation of any land, that person may, by notice in writing given to the district council in whose district the land is situated, exclude the application of this Part to that land.
Commencement Information
I1S. 42 in operation at 18.1.2012 for specified purposes by S.R. 2012/13, art. 2(1), Sch. 1
I2S. 42 in operation at 1.4.2012 in so far as not already in operation by S.R. 2012/13, art. 2(2), Sch. 2