The Countryside Access (Means of Access, Appeals etc.) (Wales) Regulations 2005

Explanatory Note

(This note is not part of the Regulations)

Part I (sections 1 to 46) of the Countryside and Rights of Way Act 2000 (“the Act”) makes provision for access to the countryside.

Section 35 of the Act relates to agreements between access authorities and owners and occupiers of land with respect to the means of access to land over which there is a public right of access under section 2 of the Act (“access land”).

Section 36(3) of the Act provides that, if an owner or occupier fails to observe any restriction in an agreement under section 35 of the Act, the access authority may give to the person with whom it has entered into the agreement notice to carry out works to remedy the breach of the restriction.

Section 37 of the Act enables an access authority to carry out works to provide means of access to access land where the authority is satisfied that it is unable to conclude on reasonable terms an agreement under section 35 of the Act. Before carrying out those works, the access authority must, under section 37(1) of the Act, give notice to all owners and occupiers that the authority intends to carry out the works specified in the notice.

Section 38(1) of the Act gives the owner and occupier the right to appeal against a notice under section 36(3) or 37(1) and these Regulations make provision for the initial stages of such an appeal.

Regulation 3 enables the initial stages of an appeal to be dealt with by electronic means.

Regulation 4 sets out the manner in, and specifies the period of time within, which an appeal under section 38(1) must be brought.

Regulations 5 to 16 make the necessary amendments to the Countryside Access (Appeals Procedures) (Wales) Regulations 2002 (S.I. 2002/1794) (W.169), to—

(a) enable those Regulations to apply to an appeal brought under section 38(1) of the Act in addition to other appeals brought under Part I of the Act; and

(b) clarify the existing notice requirements in regulation 6(2) of those Regulations.