Statutory Instruments made by the National Assembly for Wales

"the Act" ("y Ddeddf") means the Countryside and Rights of Way Act 2000;

"agent" ("asiant") means any person acting on behalf of another person with that person's authority;

"appeal" ("apêl") has the meaning given in regulation 16;

"appeal form" ("ffurlen apêl") means a document which, when completed, contains the information specified in regulation 16(5);

"appeal period" ("cyfnod apêl") means the period of 6 weeks from the date of the decision giving rise to the appeal or, where that decision is a decision to give a direction, from the date of the direction;

"appellant" ("apelydd") means the person bringing an appeal in accordance with regulation 16;

"the Council" ("y Cyngor") means the Countryside Council for Wales;

(a) the name, address and postcode of the entitled person;

(b) if the entitled person is giving notice through an agent, the name, address and postcode of that agent;

(c) a statement of the nature of the entitled person's interest in the land;

(d) a description (whether by map or otherwise) of the location and extent of the land which is sufficiently detailed to enable the relevant authority to identify the land;

(e) a statement whether the entitled person wishes to exclude access or, alternatively, to restrict it and, if to restrict it, details of the restriction; and

(f) the dates on which the exclusion or restriction is to apply and, if the entitled person wishes the exclusion or restriction to last for less than the whole of any day, the times between which the exclusion or restriction are to operate on that day.

    (3) Unless paragraph (4) or (6) applies, notice must be given in writing so that it is received by the relevant authority at least 5 days before any day on which any exclusion or restriction is to operate.

    (4) This paragraph applies if:

(a) the entitled person has given notice in writing to the relevant authority which includes the information referred to in sub-paragraphs (a) to (e) of paragraph (2) but which does not include the information referred to in sub-paragraph (f) of that paragraph; and

(b) at least 5 days has elapsed since that notice was received by the relevant authority.

    (5) If paragraph (4) applies, the entitled person may exclude or restrict access in accordance with the notice referred to in paragraph (4)(a) and the further notice referred to in this paragraph by giving the relevant authority notice of the information referred to in sub-paragraph (f) of paragraph (2), in writing or orally (including by telephone), so that it is received by the relevant authority on or before the last working day before the exclusion or restriction is intended to apply.

    (6) This paragraph applies if the relevant authority:

(a) has received notice, whether in writing or not, which includes the information referred to in sub-paragraphs (a) to (f) of paragraph (2);

(b) decides that it was not reasonably practicable for the entitled person to comply with the requirements of paragraph (3) or (4) of this regulation; and

(c) communicates that decision to the entitled person or, where the entitled person gave notice through an agent, that agent.

(a) the name, address and postcode of the applicant;

(b) if the application is made through an agent, the name address and postcode of that agent;

(c) a statement of the nature of the applicant's interest in the land (including, if that interest consists of a right of common or similar right over land, a description of the extent of that right);

(d) a statement of whether the application is being made under section 24(1) of the Act or, alternatively, under section 25(3) of the Act;

(e) a description (whether by map or otherwise) of the location and extent of the land which is detailed enough to enable the relevant authority to identify the land;

(f) details of the nature and purpose of the exclusion or restriction;

(g) the specified period during which the applicant proposes that the exclusion or restriction is to operate; and

(h) the reasons, if any, why the purposes for which the direction is sought cannot be achieved by exercise of the applicant's right, if any, to exclude or restrict access to the land under section 22 of the Act.

(a) an applicant for a direction under section 24(1) of the Act; or

(b) a person specified in a direction given by the relevant authority under section 25(1) or 26(1) of the Act,

is required by the directions, in order for the exclusion or restriction to take effect, to notify the relevant authority of the commencement of that exclusion or restriction.

    (2) Subject to paragraphs (3) and (4), the notification referred to in paragraph (1) must be given in writing so as to be received by the relevant authority at least 5 days (or such other number of days as has been specified in the direction) before the exclusion or restriction commences and must include:

(a) that person's name, address and postcode;

(b) if a reference number has previously been given by the relevant authority to that person for the purposes of notification under this regulation, that reference number; and

(c) the dates and, if the exclusion or restriction will last for less than 24 hours on a given date, times during which the exclusion or restriction will operate.

    (3) A person who has given notice pursuant to paragraph (2) may vary or withdraw that notice by giving further notice in writing to the relevant authority, provided such notice is received at least 2 working days before the day on which the exclusion or restriction to which it relates is to commence.

    (4) The relevant authority may, where it considers it was not reasonably practicable for notice to be given in accordance with the requirements of this regulation, accept notice given by a person entitled to give such notice at any time before the commencement of the restriction to which it applies and, where it decides to do so, the relevant authority must send notification of that decision to the person who gave that notice as soon as practicable after reaching it.

(a) when an exclusion or restriction of access over access land is in operation and has been imposed under section 22(1), 23(1) or 23(2) of the Act or under a direction given under section 24(1), 25(1) or 26(1) of the Act; and

(b) there is a person responsible, in accordance with paragraph (2), for informing the public, in accordance with paragraph (3), of the exclusion or restriction in question and that person does not wish to permit persons to enter the land in contravention of that exclusion or restriction.

    (2) The person responsible for informing the public in relation to an exclusion or restriction is - 

(a) if it was imposed under section 22(1), the entitled person;

(b) if it was imposed under section 23(1) or (2) of the Act, the owner of the land;

(c) if it was imposed under a direction given by the relevant authority in consequence of receiving an application under section 24(1) or 25(3) of the Act, and is to operate during a period of 6 months or less, the person who made the application;

(d) if it was imposed under a direction given by the relevant authority in consequence of receiving an application under section 24(1) or 25(3) of the Act and is to operate during a period of more than 6 months, the relevant authority;

(e) if it was imposed under a direction given by the relevant authority under section 25 of the Act otherwise than in consequence of receiving an application, the relevant authority;

(f) if it was imposed under a direction given by the relevant authority under section 26 of the Act in consequence of receiving advice from the relevant advisory body under section 26(4) of the Act (other than advice given at the request of the relevant authority), the relevant advisory body; and

(g) if it was imposed under a direction given by the relevant authority under section 26 of the Act, but sub-paragraph (f) does not apply, the relevant authority.

    (3) Where this regulation applies, the person responsible for informing the public of the exclusion or restriction must give any person who is on or about to enter the land to which the exclusion or restriction applies for the purpose of exercising the right of access under the Act, such information as will inform that person of the existence, nature and duration of that exclusion or restriction, and the extent of the land to which it applies.

    (4) Paragraph (3) only applies in relation to persons who appear to be on the land or about to enter it for the purpose of exercising the right of access which is excluded or restricted at that time.

    (5) The information which is required to be given by paragraph (3) may be given orally.

    (6) The duty to give information imposed by paragraph (3) does not apply if reasonable steps have been taken to communicate, by means of legible notices, the information specified in that paragraph to persons about to enter the land for the purpose of exercising the right of access under the Act.

    (7) In determining whether steps taken to communicate information were reasonable, as required by paragraph (6), regard is to be had to any code of conduct issued by the Council under section 20(2) of the Act.

    (8) The relevant authority in respect of any land to which an exclusion or restriction applies must, in addition to any other duty imposed by this regulation, publish, whenever practicable, details of that exclusion or restriction on a web-site.

    (9) Where the relevant authority in respect of any land to which an exclusion or restriction applies is not the Council, that relevant authority must, as soon as practicable after receiving notice of an intended exclusion or restriction, give details of it in writing to the Council.

(a) "the relevant authority" were references to the Secretary of State;

(b) section 24(1), 25(1) or 26(1) of the Act were, in each case, references to section 28(1) of the Act; and

(c) a person specified under a direction given by a relevant authority as being able to notify the relevant authority of a period when access to land is to be excluded or restricted were references to a person authorised by the Secretary of State to give such notification.

    (3) The provisions of any of the regulations referred to in paragraph (1) do not apply in relation to a particular direction given by the Secretary of State, or which the Secretary of State is considering giving, if the Secretary of State takes the view that it is impracticable or inappropriate that they should do so, either in whole or in part.

(a) any appeal under section 30(3) of the Act (appeal by a person interested in land against a decision by a relevant authority not to act in accordance with an application or representations made by that person); and

(b) any reference under section 29(2) of the Act (reference by the relevant advisory body where the relevant authority decides not to act in accordance with advice given by that body).

    (2) Subject to paragraph (3), an appeal may only be brought by sending or delivering to the National Assembly a completed appeal form which is received before the end of the appeal period.

    (3) An appeal may also be brought by sending or delivering to the National Assembly a completed appeal form which is received after the end of the appeal period if the National Assembly considers that it was not reasonably practicable for the appellant to comply with the requirements of paragraph (2) and provided the completed appeal form is received within such further period after the end of the appeal period as the National Assembly considers reasonable in the circumstances.

    (4) If a person who wishes to bring an appeal sends or delivers to the National Assembly written notice of that intention which is received before the end of the appeal period then, provided that person sends or delivers to the National Assembly a completed appeal form within such further period as the National Assembly may, by giving written notice to that person, require, that appeal form is to be treated as if it had been received before the end of the appeal period.

    (5) The information which a completed appeal form must contain is:

(a) the name, address and postcode of the appellant;

(b) sufficient particulars of the land to which the appeal relates so as to enable that land to be identified on a map to be provided by the appellant;

(c) such particulars as will enable the National Assembly to understand the grounds on which the appeal has been brought:

(d) the nature of the interest of the appellant in the land which is subject to the appeal; and

(e) whether the appellant wishes to be heard by a person appointed by the National Assembly in connection with the appeal (rather than that the appeal be determined on the basis of written representations) and, if so, whether the appellant wishes to be heard at a local inquiry or, alternatively, at a hearing.

" or a reference under section 29(2) of the Act."

     2. Delete Regulation 4, and substitute:

     " 4.  - (1) Subject to paragraph (2), the respondent must, within 14 days of receiving from the National Assembly a copy of the appeal form, send to the National Assembly and to the appellant:


(a) a statement as to whether it will oppose the appeal and, if so, its grounds for doing so;

(b) a statement as to whether it wishes to be heard by a person appointed by the National Assembly in connection with the appeal (rather than that the appeal be determined on the basis of written representations) and, if so, whether it wishes to be heard at a local inquiry or, alternatively, at a hearing;

(c) copies of any relevant correspondence between the appellant and the respondent;

(d) copies of any representations made to the respondent by any person other than the appellant in respect of the decision on the part of the respondent to which the appeal relates, and

(e) any further information required by the National Assembly to be provided.



    (2) In the case of an appeal under section 6 of the Act, the respondent:



(a) must, in addition, send to the National Assembly, within the period specified in paragraph (1), a copy of an extract showing that part of the provisional map to which the appeal relates;

(b) need not send the statements referred to in paragraph (1)(a) and (1)(b) within the period specified in paragraph (1) but must do so before the expiry of the period specified in regulation 5(2)(a) or 5(2)(b) (whichever is the later) and must, at the same time, send the National Assembly any further information which the National Assembly has, by that time, required the respondent to provide; and

(c) if it does not, within the period specified in paragraph (1) send the National Assembly the statements referred to in paragraph (1)(a) and (1)(b), must, instead, send the National Assembly, within that period, a statement containing an indication as to whether it will oppose the appeal and, if so, its likely grounds for doing so."

     3. Delete regulation 5(2)(a) and substitute:

" (a) the expiry of 35 days from the date on which the National Assembly sent a copy of the completed appeal form to the respondent in accordance with regulation 3; or".

     4. In regulation 6(1) - 

(a) add, at the start of sub-paragraph (a):


     " except in the case of an appeal under section 30(3) of the Act or a reference under section 29(2) of the Act,"



(b) add, after sub-paragraph (c):



" (d) in the case of an appeal under section 30(3) of the Act or a reference under section 29(2) of the Act, give notice to:


(i) the access authority;

(ii) the relevant local access forum;

(iii) any person who has made representations to the relevant authority in relation to the direction to which the appeal relates in accordance with the provisions of the Countryside Access (Exclusion or Restriction of Access) (Wales) Regulations 2003; and

(iv) any other person to whom the National Assembly considers it appropriate to give notice."

     5. In the opening words of regulation 6(2), add, after "under paragraph (1)(c)":

     " or (1)(d)".

     6. For regulation 6(2)(c), substitute:

" (c) the grounds on which the appeal has been brought, or, in the case of an appeal brought under section 6 of the Act, a statement of which of the grounds specified in section 6(3) it has been brought under."

     7. In regulation 6(4), for "in accordance with paragraph (1)(a), (b) or (c)", substitute:

     " in accordance with paragraph (1)(a), (b), (c) or (d)."

     8. In regulation 12(1)(c), add, after "interested person":

     " and, in the case of an appeal under section 30(3) of the Act or a reference under section 29(2) of the Act, any person to whom notice was given under regulation 6(1)(d),"

     9. Add, at the beginning of regulation 12(1)(d):

     " except in the case of an appeal under section 30(3) of the Act or a reference under section 29(2) of the Act,".

     10. Add, at the beginning of regulation 22(6)(a):

     " except in the case of an appeal under section 30(3) of the Act or a reference under section 29(2) of the Act,".

     11. For regulation 22(6)(b), substitute:

" (b) not less than 2 weeks before the date fixed for the holding of the inquiry, to send a notice of the inquiry to such persons or classes of persons as it judges appropriate but which must include, in the case of an appeal under section 30(3) of the Act or a reference under section 29(2) of the Act, any person to whom notice was given under regulation 6(1)(d)."

     12. Substitute for the heading of regulation 36 (and for the corresponding entry in the Arrangement of Regulations):

" Publication of decisions on appeals"

     13. Substitute for regulation 36:

     " 36. The National Assembly must, unless it is not reasonably practicable to do so, publish, on a web-site which it maintains, notice of every decision made under these Regulations:


(a) in relation to an appeal under section 6 of the Act and continue to do so until the conclusive map to which the appeal relates is issued;

(b) in relation to an appeal under section 30(3) of the Act or a reference under section 29(2) of the Act and continue to do so for at least six months from the date of the decision."