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

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Restriction of access with dogs

4.—(1) An owner of access land who wishes to restrict the right of access to an area of that access land under section 23 of the Act (restrictions on dogs at the discretion of owner) must, in order to do so, comply with the requirements of this regulation.

(2) The owner must give notice to the relevant authority, which must include:

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

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

(c)a statement of the nature of the owner’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 restriction is being imposed under section 23(1) of the Act or, alternatively, section 23(2) of the Act; and

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

(3) If the restriction is being imposed under section 23(1) of the Act then, unless paragraph (5) applies, notice must be given in writing so as to be received by the relevant authority at least 28 days before any day on which a restriction is to operate.

(4) If the restriction is being imposed under section 23(2) of the Act then, unless paragraph (5) applies, notice must be given in writing so that it is received by the relevant authority at least 5 working days before any day on which a restriction is to operate.

(5) This paragraph applies if the relevant authority decides that it was not reasonably practicable for the owner to comply with the requirements of paragraph (3) or (4) (as the case may be) and communicates that decision to the owner or, where the owner gave notice through an agent, that agent.

(6) Where paragraph (5) applies, the restriction is to take effect no earlier than the time when the relevant authority communicates the decision referred to in paragraph (5) to the owner or the owner’s agent, as the case may be.

(7) As soon as possible after reaching a decision in accordance with paragraph (5), a relevant authority must, unless it has already done so by the communication referred to in paragraph (5), confirm that decision in writing to the owner.

(8) An owner who has given notice in accordance with paragraph (2) but who no longer wishes the restriction to which it relates to take effect (or, if the restriction has already taken effect, does not wish it to continue) may give the relevant authority notice in writing of that fact and—

(a)if it is received by the relevant authority before the restriction takes effect, the original notice will then be of no effect;

(b)if it is received by the relevant authority after the restriction has taken effect, the restriction ceases to have effect.

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