The Access to the Countryside (Exclusions and Restrictions) (England) Regulations 2003

Explanatory Note

(This note is not part of the Regulations)

The Countryside and Rights of Way Act 2000 (“the Act”) creates a public right of access to certain types of land, subject to certain conditions. The Act also provides for the exclusion or restriction of this right in certain circumstances.

These Regulations, which extend to England only, contain provisions relating to the exclusion or restriction of such right of access to land. In particular—

Part II of these Regulations (regulations 4 to 18) contains provisions—

(1) relating to the giving of notice by an entitled person under section 22(1) of the Act so as to exclude or restrict the right of access to any land for up to 28 days in any calendar year (regulation 4);

(2) relating to the steps to be taken by the owner of land under section 23(1) or (2) of the Act so as to restrict the right of access to any land with dogs (regulation 5);

(3) relating to the procedure to be followed on an application to a relevant authority for a direction under section 24 or 25 of the Act so as to exclude or restrict access to any land (regulation 6);

(4) relating to the giving of notice by the applicant (for the purposes of a direction under section 24 of the Act), by a specified person (for the purposes of a direction under section 25 or 26 of the Act) or by the Secretary of State (for the purposes of a direction under section 28 of the Act), of the period during which the right of access to the land is to be excluded or restricted (regulation 7):

(5) prohibiting a person who is interested in any land as the holder of rights of common from making an application for a direction under section 24 or 25 of the Act excluding access to that land and specifying the cases in which such a person may make an application under section 24 or 25 of the Act restricting access to that land (regulation 8);

(6) relating to the consultation required by relevant authorities and by the Secretary of State where they propose to give a direction under section 24, 25, 26 or 28 of the Act excluding or restricting access to any land indefinitely or for a period which exceeds (or may exceed) six months (regulation 9) ;

(7) relating to the time by which a relevant authority is required to determine an application for a direction under section 24 or 25 (regulation 10);

(8) relating to the notification by relevant authorities of decisions made by them with regard to directions under section 24, 25 or 26 of the Act; and by the Secretary of State of decisions made by her with regard to directions under section 28 of the Act (regulations 11 and 12);

(9) requiring relevant authorities, before revoking or varying a direction given under section 24, 25 or 26 of the Act, to provide certain specified information to certain persons and bodies (regulation 13);

(10) relating to the consultation required by relevant authorities and by the Secretary of State on reviews of directions given by them under the Act excluding or restricting the right of access to any land indefinitely, for part of every year or for part of each of six or more consecutive years or for a specified period of more than five years (regulations 15 and 16);

(11) relating to steps to be taken by the Countryside Agency (“the Agency”) for informing the public about the exclusion or restriction of the right of access to any land in accordance with the provisions of the Act and these Regulations (regulation 17).

Part III of these Regulations relates to appeals under the Act against a decision of a relevant authority not to grant an application for a direction under section 24 or 25 or not to act in accordance with any representations made by an appellant before deciding whether to revoke or vary certain directions given under section 24 or 25. It is divided into six chapters.

Chapter I (regulations 19 to 28) sets out the initial procedures which have effect irrespective of whether such an appeal is to be determined on the basis of written representations or by way of a hearing or local inquiry. These procedures require the appeal to be made to the Secretary of State, on a form obtained from her, within six weeks of the date of the relevant authority issuing their decision and require the Secretary of State to notify the appellant and the relevant authority of the method by which the appeal is to be determined and of various other procedural matters. The relevant authority and the appellant are each required to submit a statement containing full particulars of their case to the Secretary of State and are entitled to submit comments to the Secretary of State on each other’s statement and on any representations made to the Secretary of State by any other person in respect of the appeal. Time limits are prescribed for the submission of all such documents.

Chapter II (regulations 29 to 31) sets out procedures to be followed where such an appeal is to be determined on the basis of written representations, and includes a requirement relating to the notification by the Secretary of State or an inspector of their decision on the appeal and the reasons for it.

Chapter III (regulations 32 to 41) sets out procedures to be followed where such an appeal is to be determined by way of a hearing and includes provisions relating to the giving of notice in respect of a hearing, the procedures to be followed during and after the hearing and the notification by the Secretary of State or an inspector of their decision on the appeal and the reasons for it.

Chapter IV (regulations 42 to 55) sets out the procedures to be followed where such an appeal is to be determined by way of a local inquiry and includes provisions relating to pre-inquiry meetings, the giving of notice in respect of an inquiry, proofs of evidence, statements of common ground, the procedure to be followed during and after the inquiry and the notification by the Secretary of State or an inspector of their decision on the appeal and the reasons for it.

Chapter V (regulations 56 to 64) contains provisions relating to an appeal against a decision of a relevant authority not to grant an application for a direction under section 25(1)(a) for the purpose of fire prevention. It provides for such an appeal to be determined by way of a hearing, and includes provisions relating to the giving of notice in respect of the hearing, the procedures to be followed during and after the hearing and the notification by the Secretary of State or an inspector of their decision on the appeal and the reasons for it. The time limits for the submission of documents relating to such an appeal are shorter than in the case of an appeal to be determined by way of a hearing in accordance with Chapter III.

Chapter VI (regulations 65 to 70) contains general provisions, including power for the Secretary of State to set later time limits than those prescribed by the Regulations for the taking of any step required by the Regulations and a requirement for the relevant authority to afford persons an opportunity to inspect and take copies of various documents relating to appeals.

Provision is also made for the method of appeal to be changed by the Secretary of State in certain circumstances during the course of an appeal. Where a decision of the Secretary of State or an inspector on an appeal is quashed by a court, provision is made for any person who appeared at the hearing or local inquiry, or who made representations in respect of the appeal, to make further written representations for the purpose of further consideration of the appeal by the Secretary of State or to ask for the re-opening of the hearing or local inquiry.

The use of electronic communications is permitted for the purposes of these Regulations. (regulation 3).