Part 9Coastal access
Liabilities
305Restricting liabilities of Natural England and the Secretary of State
1
No duty of care is owed by Natural England to any person under the law of negligence—
a
when preparing or submitting proposals under section 51 or 55 of the 1949 Act (long-distance routes and variations of such routes) pursuant to the coastal access duty,
b
in connection with any failure by it to erect, under paragraph 6 of Schedule 20, a notice or sign of the kind mentioned in sub-paragraph (2)(b) of that paragraph (notices or signs warning of obstacles or hazards), or
c
in connection with any failure by it to exclude or restrict access under Chapter 2 of Part 1 of the CROW Act to any land which is coastal margin, other than a failure within subsection (2).
2
A failure is within this subsection if it arises as a result of Natural England—
a
deciding not to act in accordance with an application under section 24 or 25 of that Act, or
b
deciding not to act in accordance with representations made by a person on being consulted under section 27(5) of that Act (consultation of original applicant etc before revoking or varying a direction).
3
In subsections (1) and (2) the references to Natural England include any person acting on its behalf.
4
No duty of care is owed by the Secretary of State to any person under the law of negligence when—
a
approving proposals (with or without modifications) under section 52 or 55 of the 1949 Act pursuant to the coastal access duty, or
b
giving a direction under section 55 of that Act, pursuant to that duty.