The Countryside Access (Exclusion or Restriction of Access) (Wales) Regulations 2003

Part V INFORMING THE PUBLIC

Informing the public of an exclusion or restriction

14.—(1) This regulation applies—

(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.