The Countryside Access (Appeals Procedures) (Wales) Regulations 2002

Explanatory Note

(This note is not part of the Regulations)

Under sections 11, 32 and 38 of the Countryside and Rights of Way Act 2000 (“the Act”), the National Assembly for Wales (“the National Assembly”) has the power to make regulations to provide the procedures to be followed in determining appeals brought under Part I of the Act.

These Regulations will initially have effect in relation to appeals brought under section 6 of the Act (appeals by persons against the showing of land, in which they have an interest, on a provisional map as open country or registered common land).

It is intended that these Regulations will also form the basis of the procedures to be used in determining other appeals brought under Part I of the Act, including those under section 30 of the Act (an appeal against a decision of an authority where that authority has decided not to grant an application for a direction under section 24 or 25 of the Act or has acted otherwise than in accordance with representations made under section 27(5) of the Act) and those under section 38 of the Act (an appeal by a person to whom a notice has been given by an authority under section 36(3) or 37(1) of the Act, or an appeal by any other owner or occupier of the land affected by such notice, against the giving of such notice).

In these Regulations:

Part II (regulations 3 to 6) sets out the initial procedures which will have effect irrespective of whether the appeal is to be determined by exchange of written representations or following a hearing or public local inquiry. These initial procedures require the person bringing the appeal (“the appellant”), and the person whose decision has given rise to the appeal (“the respondent”), to provide specified information to the National Assembly and require the publication of notices in the local press, and the sending of notices to persons and specified organisations who have an interest in such appeals, giving information relating to the appeal.

Part III (regulations 7 to 9) provides the procedures to be followed where a party to an appeal has chosen to have the appeal determined through an exchange of written representations. The main parties to the appeal are required to exchange evidence before the person appointed by the National Assembly to determine the appeal will make the decision and notify the persons specified in regulation 9 of that decision.

Part IV (regulations 10 to 16) provides the procedures to be followed where a party to an appeal has chosen for the appeal to be determined following a hearing. The main parties to the appeal will be required to exchange evidence in the same way as is required by Part III of the Regulations and a person will then be appointed by the National Assembly to determine the appeal by conducting a hearing. The Regulations provide for the main parties to the appeal, and the public, to be notified of the date, time and place fixed for the hearing and specify the persons entitled to attend, and take part, and the procedure to be followed at a hearing. After the hearing has been brought to a close, the person appointed by the National Assembly to determine the appeal will make the decision and notify the persons specified in regulation 16 of that decision.

Part V (regulations 17 to 28) provides the procedures to be followed where a party to an appeal has chosen for the appeal to be determined following a public local inquiry. Where an inquiry is to be held, the Regulations provide for a pre-inquiry meeting to be held if the main inquiry is either expected to last for 8 days or more or a pre-inquiry meeting is nevertheless considered necessary. The main parties to the appeal are required to exchange statements of case and other interested persons may also submit representations to the National Assembly. The Regulations require the person appointed by the National Assembly to hold the inquiry to arrange a timetable for the inquiry and require notice of the date, time and place of the inquiry to be publicised. The Regulations specify the persons entitled to attend, and take part, at an inquiry and set out other procedural issues relating to the conduct of an inquiry. After the inquiry has been brought to a close, the person appointed to determine the appeal will make the decision and notify the persons specified in regulation 28 of that decision.

Part VI (regulations 29 to 36) sets out miscellaneous matters, including the right for the appellant to withdraw an appeal, powers for the National Assembly to change the way an appeal may be conducted, to appoint a person (“an assessor”) to assist the person appointed to determine an appeal and to hold a joint hearing or inquiry where there are issues common to more than one appeal brought under Part I of the Act, a power for the person appointed to determine an appeal to visit and inspect the land which is the subject of the appeal, a power for electronic means of communication to be used by the parties and a requirement for the National Assembly to publish decisions made on appeals brought under Part I of the Act on its website.