National Parks and Access to the Countryside Act 1949 (c. 97)

Part V E+W Access to Open Country

Modifications etc. (not altering text)

C1 Pt. V restricted and (in respect of ss. 64-82) amended by London Government Act 1963 (c. 33, SIF 81:1), s. 60(5); restricted by Countryside Act 1968 (c. 41, SIF 46:1), s. 16(7), amended ibid., s. 16(4)

Pt. V restricted (prosp.) by 2000 c. 37, ss. 46(2), 103(3) (with s. 43)

59 Provision for public access to open country. E+W

(1) The provisions of this Part of this Act shall have effect for enabling the public to have access for open-air recreation to open country—

(a) to which the provisions of the next following section are applied by an agreement under this Part of this Act (hereinafter referred to as an “access agreement”) or by an order under this Part of this Act (hereinafter referred to as an “access order”),

(b) acquired under this Part of this Act for the purpose of giving to the public access thereto.

(2) In this Part of this Act the expression “open country” means any area appearing to the authority with whom an access agreement is made or to the authority by whom an access order is made or by whom the area is acquired, as the case may be, to consist wholly or predominantly of mountain, moor, heath, down, cliff or foreshore (including any bank, barrier, dune, beach, flat or other land adjacent to the foreshore).

Modifications etc. (not altering text)

C2 Definition of “open country” extended by Countryside Act 1968 (c. 41, SIF 46:1), s. 16(1)(2)(6)