Primary legislation

Countryside and Rights of Way Act 2000, s.2

Right of any person to enter access land (which includes commons in relation to which there is no other statutory right of access eg does not include commons to which s.193 Law of Property Act 1925 applies and commons for which there are schemes under the Commons Act 1899) for the purposes of open air recreation as long as he does not break or damage any wall, fence, hedge, stile or gate and observes restrictions on his access set out in the Act or imposed by the Countryside Agency/Countryside Council for Wales, owner of the land or person having an interest in the land.

Countryside and Rights of Way Act 2000, s.4, 5

DUTY of Countryside Agency or Countryside Council for Wales to prepare maps showing all registered common land and all open country, to issue the maps in draft form to consider any representations before confirming the maps.

Countryside and Rights of Way Act 2000, s.10

DUTY of appropriate countryside body to review maps of registered common land and open country from time to time.

Countryside and Rights of Way Act 2000, s.17

POWER of CC or M to make byelaws in relation to access land (including commons with no other statutory right of access) under the Act for the preservation of order, prevention of damage to the land or anything on or in it and for securing good behaviour.

Countryside and Rights of Way Act 2000, s.18

POWER of CC, M or DC to appoint wardens to secure compliance with byelaws and perform other duties in respect of access land (including commons with no other statutory right of access).

Countryside and Rights of Way Act 2000, s. 20

Duty of Countryside Agency or Countryside Council for Wales to prepare a code of conduct for persons exercising their right of access and to take other steps to ensure persons understand their rights and obligations.

Countryside and Rights of Way Act 2000, s.22

POWER of owner or other person with interest in land to exclude or restrict access for up to 28 days in each calendar year (not including bank holidays or Saturdays and Sundays during a specified summer period).

Countryside and Rights of Way Act 2000, s.23

POWER of owner to, in connection with lambing, prevent access of people with dogs to fields and enclosures where there are sheep.

Countryside and Rights of Way Act 2000, s.24

POWER of Countryside Agency or Countryside Council for Wales, on application by a person interested in land to restrict or exclude access to that land to the extent necessary for the purposes of management of the land by the applicant.

Countryside and Rights of Way Act 2000, s.25

POWER of Countryside Agency or Countryside Council for Wales to restrict or exclude access where exceptional weather or land conditions make it necessary for the purpose of fire prevention or to avoid danger to the public.

Countryside and Rights of Way Act 2000, s.26

POWER of Countryside Agency or Countryside Council for Wales, to restrict or exclude access for the purposes of conserving flora, fauna or geological or physiographical features of the land; or preserving any scheduled monument or other structure, work, site, garden or area which is of historic, architectural, traditional, artistic or archaeological interest.

Countryside and Rights of Way Act 2000, s. 31

POWER of Secretary of State or National Assembly of Wales to make regulations enabling the Countryside Agency or Countryside Council for Wales to exclude or restrict access for up to three months in response to an emergency

Countryside and Rights of Way Act 2000, s. 35, 36

POWER of M to enter into an agreement with the owner or occupier of land to provide for the carrying out of works by the owner or occupier necessary for giving the public reasonable access to the land.POWER of M to complete the works itself where an owner or occupier fails to comply with the agreement or if M is satisfied that they are unable to conclude an agreement on reasonable terms. Before exercising this power M must issue an access notice allowing at least 21 days for action/appeal by the owner or occupier.

Countryside and Rights of Way Act 2000, s. 39

POWER of M or CC to apply to Magistrates’ Court for an order requiring any person who has been given two access notices in 36 months not to obstruct access.

Road Traffic Act 1988, s.34

Driving (without lawful authority) a motor vehicle on common land for the purpose of parking (unless within 15 yards of a road) is an offence punishable on summary conviction to a fine not exceeding £1,000.