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

Decisions by a relevant authority whether to give a direction

9.—(1) This regulation applies:

(a) where an application for a direction has been made to the relevant authority; or

(b) where the relevant authority has been advised to give a direction under section 26(1) of the Act by the relevant advisory body.

(2) Where this regulation applies, the relevant authority must, subject to paragraph (5), decide whether to give a direction, either in accordance with the application or advice referred to in paragraph (1) or with such modifications as it may determine, within the period specified in paragraph (3) or (4), as the case may be.

(3) Where the exclusion or restriction will operate during a period of 6 months or less then, then, subject to paragraph (4), the relevant authority must decide whether to give a direction within 6 weeks (or such longer period as the applicant or, as the case may be, the relevant advisory body agrees) of receiving the application or advice.

(4) Where the exclusion or restriction will operate during a period of more than 6 months, or where the exclusion or restriction will operate for corresponding periods, of whatever length, in two or more different calendar years, the relevant authority must decide whether to give a direction within 16 weeks of receiving the application or advice.

(5) Where this regulation applies and the relevant authority receives the application or advice referred to in paragraph (1)—

(a) before the first date on which the right of access is to apply to all land to which the proposed direction relates; and

(b) the period within which the authority would be required, in accordance with paragraph (2), to decide whether to give a direction expires before that date,

then the relevant authority is not required to decide whether to give the direction within that period if it is not reasonably practicable to do so, but must instead do so as soon as reasonably practicable after the expiry of that period but in any event no later than the date referred to in sub-paragraph (a).

(6) If the relevant authority requires an applicant to supply further information under regulation 5(3), the period between the giving of notice of that requirement by the relevant authority and the receipt of the information in question is to be excluded when calculating any period within which the relevant authority is required to decide whether to give a direction.