Part I

Access to the countryside
Chapter I

Right of access

Miscellaneous provisions relating to right of access

Byelaws
17
1
An access authority may, as respects access land in their area, make byelaws—
a
for the preservation of order,
b
for the prevention of damage to the land or anything on or in it, and
c
for securing that persons exercising the right conferred by section 2(1) so behave themselves as to avoid undue interference with the enjoyment of the land by other persons.
2
Byelaws under this section may relate to all the access land in the area of the access authority or only to particular land.
3
Before making byelaws under this section, the access authority shall consult—
a
the appropriate countryside body, and
b
any local access forum established for an area to which the byelaws relate.
4
Byelaws under this section shall not interfere—
a
with the exercise of any public right of way,
b
with any authority having under any enactment functions relating to the land to which the byelaws apply, or
c
with the running of a telecommunications code system or the exercise of any right conferred by or in accordance with the telecommunications code on the running of any such system.
5
Sections 236 to 238 of the Local Government Act 1972 (which relate to the procedure for making byelaws, authorise byelaws to impose fines not exceeding level 2 on the standard scale, and provide for the proof of byelaws in legal proceedings) apply to all byelaws under this section whether or not the authority making them is a local authority within the meaning of that Act.
6
The confirming authority in relation to byelaws made under this section is—
a
as respects England, the Secretary of State, and
b
as respects Wales, the National Assembly for Wales.
7
Byelaws under this section relating to any land—
a
may not be made unless the land is access land or the access authority are satisfied that it is likely to become access land, and
b
may not be confirmed unless the land is access land.
8
Any access authority having power under this section to make byelaws also have power to enforce byelaws made by them; and any county council or district or parish council may enforce byelaws made under this section by another authority as respects land in the area of the council.
1972 c. 70.