http://www.legislation.gov.uk/uksi/2011/2021The Access to the Countryside (Exclusions and Restrictions) (Amendment) (England) Regulations 2011CountrysideExecutive agenciesenCOUNTRYSIDE, ENGLANDStatute Law DatabaseExpert Participation2017-01-092011-10-01Part 1 of the Countryside and Rights of Way Act 2000 (“the Act”) confers a public right of access to certain types of land, subject to certain conditions. Chapter 2 of Part 1 provides for the exclusion or restriction of this right in certain circumstances. Chapter 2 was modified by article 8 of, and Part 3 of the Schedule to, the Access to the Countryside (Coastal Margin) (England) Order 2010 (S.I. 2010/558) (“the Coastal Margin Order”) in relation to land which is coastal margin (as defined by section 1(2) of the Act). These Regulations, which apply in relation to England only, amend the Access to the Countryside (Exclusions and Restrictions) (England) Regulations 2003 (S.I. 2003/2713) (“the 2003 Regulations”) which were themselves amended by the Access to the Countryside (Exclusions and Restrictions)(England)(Amendment) Regulations 2006 (S.I. 2006/990).Statutory Instruments2011 No. 2021Countryside, EnglandThe Access to the Countryside (Exclusions and Restrictions) (Amendment) (England) Regulations 2011Made11th August 2011Laid before Parliament17th August 2011Coming into force1st October 2011

The Secretary of State, in exercise of the powers conferred by sections 32, 44(2), 45(1), and 94 of the Countryside and Rights of Way Act 2000

2000 c.37. Section 45(1) contains definitions of “prescribed” and “regulations”. Section 1(2)(a) was amended (as regards the definition of “the appropriate countryside body”) by paragraph 154 of Schedule 11 to the Natural Environment and Rural Communities Act 2006 (c.16). Sections 1 and 45 were amended by section 303(1), (2) and (9) of the Marine and Coastal Access Act 2009 (c.23), including by inserting a definition of “coastal margin”. Section 1 of the 2000 Act was modified in its application to land which is coastal margin by Part 4 of the Schedule to S.I. 2010/558; Chapter 2 of Part 1 of the 2000 Act was modified in its application to land which is coastal margin by Part 3 of the Schedule to S.I. 2010/558; and Schedules 1 and 2 to the 2000 Act were modified in their application to land which is coastal margin by Parts 1 and 2 (respectively) of the Schedule to S.I. 2010/558.

, makes the following Regulations.

Title, commencement and application1.(1)

These Regulations may be cited as the Access to the Countryside (Exclusions and Restrictions) (Amendment) (England) Regulations 2011 and come into force on 1st October 2011.

(2)

These Regulations apply in relation to England only.

Amendments to the Access to the Countryside (Exclusions and Restrictions) (England) Regulations 20032.

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

S.I. 2003/2713, amended by the Access to the Countryside (Exclusions and Restrictions)(England)(Amendment) Regulations 2006 (S.I. 2006/990).

are amended as follows.

Amendment to regulation 23.

In regulation 2 (general interpretation), in paragraph (1), omit—

“the Agency” means the Countryside Agency;

Amendment to regulation 64.

In regulation 6 (applications for a direction under section 24 or 25)—

(a)

in paragraph (1)—

(i)

in sub-paragraph (f), omit “and”;

(ii)

in sub-paragraph (g), at the end, for the full stop substitute “; and”; and

(iii)

after paragraph (1)(g) add—(h)

whether the land is coastal margin;

and

(b)

after paragraph (2) add—(3)

Paragraphs (4) to (7) apply where an application referred to in paragraph (1) relates to land which is coastal margin.

(4)

Where the proposed direction would authorise a specified person to exclude or restrict access to land in a manner specified in the direction, the application must state—

(a)

the name of the specified person, and

(b)

the manner in which access may be excluded or restricted by the specified person.

(5)

Where the proposed direction would authorise a specified person to exclude or restrict access to such part or parts of the land as may be determined in accordance with the direction, the application must state—

(a)

the name of the specified person, and

(b)

the manner in which the part or parts of the land to which access may be excluded or restricted is to be determined by the specified person.

(6)

Where the period in the proposed direction is to be determined by a specified person, the application must state—

(a)

the name of the specified person, and

(b)

the manner in which the specified period may be determined by the specified person.

(7)

The application must include the names of any person who —

(a)

is an owner of the land,

(b)

holds a term of years absolute in the land, or

(c)

is in lawful occupation of the land.

Amendment to regulation 75.

In regulation 7 (notices relating to periods during which exclusions or restrictions are to apply)—

(a)

in paragraph (1)—

(i)

after “25”, insert “, 25A”;

(ii)

after “relevant person,” where it first appears, insert—

“where the direction so requires,”;

(a)

in paragraph (4)(a), after “for the direction” insert “or, if a person is specified in the direction, that person”; and

(b)

in paragraph (4)(b), after “25” insert “, 25A”.

Amendment to regulation 96.

In regulation 9 (consultation on proposals for long-term exclusions or restrictions) —

(a)

in paragraph (1), for paragraphs (a) and (b) substitute—

a copy of the notice referred to in paragraph (3)

;

(b)

in paragraph (3)—

(i)

after “25”, insert “, 25A”;

(ii)

for sub-paragraph (c) substitute—(c)

states how copies of documents relating to the proposed direction may be obtained;

(iii)

in sub-paragraph (d), at the end, for the full stop substitute “; and”; and

(iv)

after sub-paragraph (d) add—(e)

includes the information specified in regulation 6(1)(b) to (h)

; and

(c)

in paragraph (5)(a), after “25”, insert “, 25A”.

Amendment to regulation 117.

In regulation 11(notification by relevant authorities of directions and decisions), in paragraph (b), for “section 26” substitute “section 25A or 26”.

Amendment to regulation 148.

In regulation 14 (reviews of directions), after “25” insert “, 25A”.

Amendment to regulation 159.

In regulation 15 (consultation on reviews by relevant authorities of directions excluding or restricting access on a long-term basis), in paragraph (1), for “section 24, 25 or 26” substitute “section 24, 25, 25A or 26”.

Amendment to regulation 1710.

In regulation 17 (informing the public of exclusions or restrictions)—

(a)

in paragraph (1)(b), after “25” insert “, 25A”;

(b)

in paragraphs (1) and (2), for “The Agency” substitute “Natural England”;

(c)

in paragraph (3), after “25” insert “, 25A”; and

(d)

in paragraphs (3), (4) and (5) (in each place where it occurs), for “the Agency” substitute “Natural England”.

Amendment to regulation 1911.

In regulation 19 (interpretation), after the definition of “questionnaire”, insert—

“relevant website” means a website maintained by the Secretary of State for purposes which include making available for inspection certain notices, decisions and notifications relating to an appeal under this Part;

Amendment to regulation 2312.

In regulation 23 (notification of start of appeal etc), in paragraph (3), for “website maintained by the Planning Inspectorate Executive Agency” substitute “relevant website”.

Amendment to regulation 2913.

In regulation 29 (site inspections (appeals to be determined on the basis of written representations)), in paragraph (1), omit “; and the Secretary of State shall arrange for such an inspection to be made if so requested by the appellant or the relevant authority”.

Amendment to regulation 3114.

In regulation 31 (notification of decision), for “website maintained by the Planning Inspectorate Executive Agency” substitute “relevant website”.

Amendment to regulation 3215.

In regulation 32 (date and notification of hearing), in paragraph (6), for “the Planning Inspectorate Executive Agency makes a copy of such notice available for inspection on a website which it maintains” substitute “a copy of such notice is available for inspection on a relevant website”.

Amendment to regulation 3716.

In regulation 37 (site inspections (appeals determined by way of a hearing)), in paragraph (2), omit “; and the inspector shall arrange to make such an inspection if requested to do so by the appellant or the authority at any time before or during the hearing in relation to an appeal”.

Amendment to regulation 4017.

In regulation 40 (notification of decision - appeals determined by the Secretary of State), in paragraph (6), for “the website maintained by the Planning Inspectorate Executive Agency” substitute “a relevant website”.

Amendment to regulation 4118.

In regulation 41 (notification of decision – transferred appeals), in paragraph (5), for “website maintained by the Planning Inspectorate Executive Agency” substitute “relevant website”.

Amendment to regulation 4519.

In regulation 45 (date and notification of inquiry) in paragraph (6), for “the Planning Inspectorate Executive Agency makes a copy of such notice available for inspection on a website which it maintains” substitute “a copy of such notice is available for inspection on a relevant website”.

Amendment to regulation 5120.

In regulation 51 (site inspections (appeals to be determined by way of an inquiry)), in paragraph (1), omit “; and the inspector shall arrange to make such an inspection if so requested by the appellant or the relevant authority before or during the inquiry in relation to an appeal”.

Amendment to regulation 5421.

In regulation 54 (notification of a decision - appeals determined by the Secretary of State), in paragraph (6), for “the website maintained by the Planning Inspectorate Executive Agency” substitute “a relevant website”.

Amendment to regulation 5522.

In regulation 55 (notification of decision-transferred appeals), in paragraph (5)—

(i)

for “state” substitute “State”; and

(ii)

for “the website maintained by the Planning Inspectorate Executive Agency” substitute “a relevant website”.

Amendment to regulation 5723.

In regulation 57 (arrangement and notification of hearing), in paragraph (c), for “website maintained by the Secretary of State” substitute “relevant website”.

Amendment to regulation 6124.

In regulation 61 (notification of decision- appeals determined by the Secretary of State) in paragraph (2), for “the website maintained by the Planning Inspectorate Executive Agency” substitute “a relevant website”.

Amendment to regulation 6225.

In regulation 62 (notification of decision- transferred appeals), in paragraph (2), for “the website maintained by the Planning Inspectorate Executive Agency” substitute “a relevant website”.

Amendment to regulation 6426.

In regulation 64 (changes of procedure), in paragraph (2)(b), for “website maintained by the Planning Inspectorate Executive Agency” substitute “relevant website”.

Amendment to regulation 6827.

In regulation 68 (changes of procedure), in paragraph (5)(a)(ii), for “website maintained by the Planning Inspectorate Executive Agency” substitute “relevant website”.

Richard BenyonParliamentary Under Secretary of StateDepartment for Environment, Food and Rural Affairs11th August 2011EXPLANATORY NOTE(This note is not part of the Regulations)

Part 1 of the Countryside and Rights of Way Act 2000 (“the Act”) confers a public right of access to certain types of land, subject to certain conditions. Chapter 2 of Part 1 provides for the exclusion or restriction of this right in certain circumstances. Chapter 2 was modified by article 8 of, and Part 3 of the Schedule to, the Access to the Countryside (Coastal Margin) (England) Order 2010 (S.I. 2010/558) (“the Coastal Margin Order”) in relation to land which is coastal margin (as defined by section 1(2) of the Act). These Regulations, which apply in relation to England only, amend the Access to the Countryside (Exclusions and Restrictions) (England) Regulations 2003 (S.I. 2003/2713) (“the 2003 Regulations”) which were themselves amended by the Access to the Countryside (Exclusions and Restrictions)(England)(Amendment) Regulations 2006 (S.I. 2006/990).

The 2003 Regulations contain provision relating to the exclusion or restriction of the right of access conferred by Part 1 of the Act, and in particular set out the procedures on an application to a relevant authority (as defined by section 21(5) of the Act

Section 21(5) was modified, in its application in relation to land which is coastal margin, by article 8 of, and paragraph 15(1)(a) of Part 3 of the Schedule to the Coastal Margin Order.

) for a direction excluding or restricting access under Part 1 of the Act. They also set out the procedure for an appeal under the Act where a relevant authority has decided not to act in accordance with an application for a direction.

These Regulations amend the 2003 Regulations as they relate to land which is coastal margin, by—

(a)

specifying the information to be included in an application for a direction under section 24 or 25 (regulation 4); and

(b)

making amendments consequential on the insertion by the Coastal Margin Order of section 25A (power to make directions to exclude or restrict access on salt marshes and flats) in Chapter 2 (regulations 5-10).

These Regulations also –

(a)

amend regulation 9 of the 2003 Regulations (consultation on proposals for long-term exclusions or restrictions) to streamline the requirements for the provision of information during a consultation (regulation 6); and

(b)

remove the right of the appellant or the relevant authority to request site inspections in certain circumstances on an appeal (regulations 13, 16 and 20).

A separate Impact Assessment has not been prepared in respect of these Regulations, because the Impact Assessment which was prepared for Part 9 of the Marine and Coastal Access Act 2009 (Coastal Access) examined the impact of the implementation of Part 9 of which these Regulations form part. In so far as these Regulations have effect in relation to the right of access under Part 1 of the 2000 Act as it applies in relation to land which is open country or registered common land (as defined by section 1(2) and (3) of the 2000 Act), no burden on the private, voluntary or public sector is foreseen.