- Latest available (Revised)
- Original (As enacted)
Countryside and Rights of Way Act 2000, Section 16 is up to date with all changes known to be in force on or before 12 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
(1)Subject to the provisions of this section, a person who, in respect of any land, holds—
(a)the fee simple absolute in possession, or
(b)a legal term of years absolute of which not less than 90 years remain unexpired,
may, by taking such steps as may be prescribed, dedicate the land for the purposes of this Part, whether or not it would be access land apart from this section.
(2)Where any person other than the person making the dedication holds—
(a)any leasehold interest in any of the land to be dedicated, or
(b)such other interest in any of that land as may be prescribed,
the dedication must be made jointly with that other person, in such manner as may be prescribed, or with his consent, given in such manner as may be prescribed.
[F1(2A)Where a person makes a dedication under this section in respect of land within subsection (2B), that dedication may also dedicate the land as coastal margin.
(2B)The land within this subsection is—
(a)land which is coastal margin, and
(b)any other land in England which is adjacent to land which is coastal margin.
(2C)Where land is dedicated as coastal margin—
(a)in the case of land within subsection (2B)(b), it is to be treated as coastal margin for the purposes of any provision made by or by virtue of this Part (other than section 1), and
(b)if—
(i)disregarding this paragraph, it would be excepted land, and
(ii)it is not land which is accessible to the public by virtue of any enactment or rule of law (other than this Act),
it is to be treated for the purposes of any provision made by or by virtue of this Part as if it were not excepted land.]
(3)In relation to a dedication under this section by virtue of subsection (1)(b), the reference in subsection (2)(a) to a leasehold interest does not include a reference to a leasehold interest superior to that of the person making the dedication.
(4)A dedication made under this section by virtue of subsection (1)(b) shall have effect only for the remainder of the term held by the person making the dedication.
(5)Schedule 2 to the M1Forestry Act 1967 (power for tenant for life and others to enter into forestry dedication covenants) applies to dedications under this section as it applies to forestry dedication covenants.
(6)Regulations may—
(a)prescribe the form of any instrument to be used for the purposes of this section,
(b)enable a dedication under this section to include provision removing or relaxing any of the general restrictions in Schedule 2 in relation to any of the land to which the dedication relates,
(c)enable a dedication previously made under this section to be amended by the persons by whom a dedication could be made, so as to remove or relax any of those restrictions in relation to any of the land to which the dedication relates, F2...
[F3(ca)in the case of land within subsection (2B), enable a dedication previously made under this section in respect of the land (otherwise than by virtue of subsection (2A)) to be amended, by the persons by whom a dedication could be made, so as to provide that the land is dedicated as coastal margin for the purposes of subsection (2C),
(cb)provide for any exclusion or restriction under Chapter 2 of access by virtue of section 2(1) which has effect in relation to land which is within subsection (2B)(b) immediately before it is dedicated as coastal margin to cease to have effect at the time the dedication takes effect, and]
(d)require any dedication under this section, or any amendment of such a dedication by virtue of paragraph (c), to be notified to the appropriate countryside body and to the access authority.
[F4(6A)In subsection (6)(cb) the reference to the exclusion or restriction under Chapter 2 of access to any land by virtue of section 2(1) is to be interpreted in accordance with section 21(2) and (3).]
(7)A dedication under this section is irrevocable and, subject to subsection (4), binds successive owners and occupiers of, and other persons interested in, the land to which it relates, but nothing in this section prevents any land from becoming excepted land.
(8)A dedication under this section is a local land charge.
Textual Amendments
F1S. 16(2A)-(2C) inserted (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 303(6)(a), 324(2)(d) (with s. 308)
F2Word in s. 16(6)(c) repealed (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 303(6)(b), 324(2)(d), Sch. 22 Pt. 7 (with s. 308)
F3S. 16(6)(ca)(cb) inserted (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 303(6)(b), 324(2)(d) (with s. 308)
F4S. 16(6A) inserted (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 303(6)(c), 324(2)(d) (with s. 308)
Modifications etc. (not altering text)
C1S. 16(2)-(4) applied (with modifications) (1.9.2003) by Access to the Countryside (Dedication of Land) (England) Regulations 2003 (S.I. 2003/2004), regs. 1(1), 7(2)
Marginal Citations
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: