Countryside and Rights of Way Bill - continued        House of Lords
PART I, ACCESS TO THE COUNTRYSIDE - continued
Miscellaneous provisions relating to right of access - continued

back to previous text
 
Defence or national security.     28. - (1) The Secretary of State may by direction exclude or restrict access by virtue of section 2(1) to any land during any period if he is satisfied that the exclusion or restriction of such access to the extent provided by the direction is necessary for the purposes of defence or national security.
 
      (2) A direction under subsection (1) may be expressed to have effect-
 
 
    (a) during a period specified in the direction,
 
    (b) during a specified period in every calendar year,
 
    (c) during a period which is to be-
 
      (i) determined in accordance with the direction by a person authorised by the Secretary of State, and
 
      (ii) notified by that person to the relevant authority in accordance with regulations under section 32(1)(c), or
 
    (d) indefinitely.
      (3) Any direction given by the Secretary of State under this section may be revoked or varied by a subsequent direction.
 
      (4) Where a direction given under this section in relation to any land excludes or restricts access to the land-
 
 
    (a) indefinitely,
 
    (b) for part of every year or of each of six or more consecutive calendar years, or
 
    (c) for a specified period of more than five years,
  the Secretary of State shall review the direction not later than the fifth anniversary of the relevant date.
 
      (5) In subsection (4) "the relevant date", in relation to a direction, means-
 
 
    (a) the day on which the direction was given, or
 
    (b) where it has previously been reviewed, the day on which it was last reviewed.
      (6) If in any calendar year the Secretary of State reviews a defence direction, he shall-
 
 
    (a) prepare a report on all reviews of defence directions which he has undertaken during that year, and
 
    (b) lay a copy of the report before each House of Parliament.
      (7) In subsection (6) "defence direction" means a direction given under this section for the purposes of defence.
 
Reference by relevant advisory body.     29. - (1) Subsections (2) and (3) apply where-
 
 
    (a) the relevant advisory body has given advice under section 26(4) or on being consulted under section 27(6), but
 
    (b) in any respect, the relevant authority decide not to act in accordance with that advice.
      (2) The relevant advisory body may refer the decision-
 
 
    (a) in the case of land in England, to the appropriate Minister, or
 
    (b) in the case of land in Wales, to the National Assembly for Wales.
      (3) On a reference under this section the appropriate Minister or the National Assembly for Wales may, if he or it thinks fit-
 
 
    (a) cancel any direction given by the relevant authority, or
 
    (b) require the relevant authority to give such direction under section 26 as the appropriate Minister or, as the case may be, the Assembly, think fit.
      (4) Sections 7 and 8 (and Schedule 3) have effect in relation to a reference under this section as they have effect in relation to an appeal under section 6 but as if references to the Secretary of State were references to the appropriate Minister.
 
      (5) In this section-
 
  "the appropriate Minister" means-
 
 
    (a) in relation to land as respects which by virtue of section 21(6) the Forestry Commissioners are the relevant authority, the Minister of Agriculture, Fisheries and Food, and
 
    (b) in relation to other land, the Secretary of State;
  "the relevant advisory body" has the same meaning as in section 26, except that it does not include the National Assembly for Wales.
 
Appeal by person interested in land.     30. - (1) Subsections (2) and (3) apply where-
 
 
    (a) a person interested in any land (in this section referred to as "the applicant")-
 
      (i) has applied for a direction under section 24 or 25, or
 
      (ii) has made representations on being consulted under section 27(5), but
 
    (b) in any respect, the relevant authority decide not to act in accordance with the application or the representations.
      (2) The relevant authority shall inform the applicant of their reasons for not acting in accordance with the application or representations.
 
      (3) The applicant may appeal against the decision-
 
 
    (a) in the case of land in England, to the appropriate Minister, or
 
    (b) in the case of land in Wales, to the National Assembly for Wales.
      (4) On appeal under this section the appropriate Minister or the National Assembly for Wales may, if he or it thinks fit-
 
 
    (a) cancel any direction given by the relevant authority, or
 
    (b) require the relevant authority to give such direction under section 24 or 25 as the appropriate Minister or, as the case may be, the Assembly, think fit.
      (5) Sections 7 and 8 (and Schedule 3) have effect in relation to an appeal under this section as they have effect in relation to an appeal under section 6 but as if references to the Secretary of State were references to the appropriate Minister.
 
      (6) In this section "the appropriate Minister" has the same meaning as in section 29.
 
Exclusion or restriction of access in case of emergency.     31. - (1) Regulations may make provision enabling the relevant authority, where the authority are satisfied that an emergency has arisen which makes the exclusion or restriction of access by virtue of section 2(1) necessary for any of the purposes specified in section 24(1), 25(1) or 26(3), by direction to exclude or restrict such access in respect of any land for a period not exceeding three months.
 
      (2) Regulations under this section may provide for any of the preceding provisions of this Chapter to apply in relation to a direction given under the regulations with such modifications as may be prescribed.
 
Regulations relating to exclusion or restriction of access.     32. - (1) Regulations may make provision-
 
 
    (a) as to the giving of notice under section 22(1),
 
    (b) as to the steps to be taken under section 23(1) and (2),
 
    (c) as to the procedure on any application to the relevant authority under section 24 or 25, including the period within which any such application must be made,
 
    (d) as to the giving of notice for the purposes of section 24(2)(b)(ii), 25(2)(b)(ii), 26(2)(c)(ii) or 28(2)(c)(ii),
 
    (e) prescribing the form of any notice or application referred to in paragraphs (a) to (d),
 
    (f) restricting the cases in which a person who is interested in any land only as the holder of rights of common may make an application under section 24 or 25 in respect of the land,
 
    (g) as to requirements to be met by relevant authorities or the Secretary of State in relation to consultation (whether or not required by the preceding provisions of this Chapter),
 
    (h) as to the giving of directions by relevant authorities or the Secretary of State,
 
    (i) as to notification by relevant authorities or the Secretary of State of decisions under this Chapter,
 
    (j) as to steps to be taken by persons interested in land, by relevant authorities, by the bodies specified in section 26(6) or by the Secretary of State for informing the public about the exclusion or restriction under this Chapter of access by virtue of section 2(1), including the display of notices on or near the land to which the exclusion or restriction relates,
 
    (k) as to the carrying out of reviews by relevant authorities under section 27(3) or by the Secretary of State under section 28(4),
 
    (l) as to the period within which and manner in which appeals under section 30 are to be brought,
 
    (m) as to the advertising of such an appeal, and
 
    (n) as to the manner in which such appeals are to be considered.
      (2) Regulations made under subsection (1)(k) may provide for any of the provisions of this Chapter relating to appeals to apply (with or without modifications) on a review under section 27.
 
Guidance by countryside bodies to National Park authorities.     33. - (1) Subject to subsection (3), the Countryside Agency may issue guidance-
 
 
    (a) to National Park authorities in England with respect to the discharge by National Park authorities of their functions under this Chapter, and
 
    (b) to the Forestry Commissioners with respect to the discharge by the Forestry Commissioners of any functions conferred on them by virtue of section 21(6) in relation to land in England.
      (2) Subject to subsection (3), the Countryside Council for Wales may issue guidance-
 
 
    (a) to National Park authorities in Wales with respect to the discharge by National Park authorities of their functions under this Chapter, and
 
    (b) to the Forestry Commissioners with respect to the discharge by the Forestry Commissioners of any functions conferred on them by virtue of section 21(6) in relation to land in Wales.
      (3) The Countryside Agency or the Countryside Council for Wales may not issue any guidance under this section unless the guidance has been approved-
 
 
    (a) in the case of the Countryside Agency, by the Secretary of State, and
 
    (b) in the case of the Countryside Council for Wales, by the National Assembly for Wales.
      (4) Where the Countryside Agency or the Countryside Council for Wales issue any guidance under this section, they shall arrange for the guidance to be published in such manner as they consider appropriate.
 
      (5) A National Park authority or the Forestry Commissioners shall have regard to any guidance issued to them under this section.
 
 
previous section contents continue
 
House of Lords home page Houses of Parliament home page House of Commons home page search page enquiries index

© Parliamentary copyright 2000
Prepared 20 November 2000