SCHEDULES

Section 1(2).

SCHEDULE 1 Excepted land for purposes of Part I

Part I Excepted land

1 Land on which the soil is being, or has at any time within the previous twelve months been, disturbed by any ploughing or drilling undertaken for the purposes of planting or sowing crops or trees.

2 Land covered by buildings or the curtilage of such land.

3 Land within 20 metres of a dwelling.

4 Land used as a park or garden.

5 Land used for the getting of minerals by surface working (including quarrying).

6 Land used for the purposes of a railway (including a light railway) or tramway.

7 Land used for the purposes of a golf course, racecourse or aerodrome.

8 Land which does not fall within any of the preceding paragraphs and is covered by works used for the purposes of a statutory undertaking or a telecommunications code system, or the curtilage of any such land.

9 Land as respects which development which will result in the land becoming land falling within any of paragraphs 2 to 8 is in the course of being carried out.

10 Land within 20 metres of a building which is used for housing livestock, not being a temporary or moveable structure.

11 Land covered by pens in use for the temporary reception or detention of livestock.

12 Land habitually used for the training of racehorses.

13 Land the use of which is regulated by byelaws under section 14 of the [1892 c. 43.] Military Lands Act 1892 or section 2 of the [1900 c. 56.] Military Lands Act 1900.

Part II Supplementary provisions

14 In this Schedule—

• “building” includes any structure or erection and any part of a building as so defined, but does not include any fence or wall, or anything which is a means of access as defined by section 34; and for this purpose “structure” includes any tent, caravan or other temporary or moveable structure;

• “development” and “minerals” have the same meaning as in the [1990 c. 8.] Town and Country Planning Act 1990;

• “ploughing” and “drilling” include respectively agricultural or forestry operations similar to ploughing and agricultural or forestry operations similar to drilling;

• “statutory undertaker” means—

  (a)

  a person authorised by any enactment to carry on any railway, light railway, tramway, road transport, water transport, canal, inland navigation, dock, harbour, pier or lighthouse undertaking or any undertaking for the supply of hydraulic power,

  (b)

  any public gas transporter, within the meaning of Part I of the [1986 c. 44.] Gas Act 1986,

  (c)

  any water or sewerage undertaker,

  (d)

  any holder of a licence under section 6(1) of the [1989 c. 29.] Electricity Act 1989, or

  (e)

  the Environment Agency, the Post Office or the Civil Aviation Authority;

• “statutory undertaking” means—

  (a)

  the undertaking of a statutory undertaker, or

  (b)

  an airport to which Part V of the [1986 c. 31.] Airports Act 1986 applies.

15 (1) Land is not to be treated as excepted land by reason of any development carried out on the land, if the carrying out of the development requires planning permission under Part III of the [1990 c. 8.] Town and Country Planning Act 1990 and that permission has not been granted.

(2) Sub-paragraph (1) does not apply where the development is treated by section 191(2) of the [1990 c. 8.] Town and Country Planning Act 1990 as being lawful for the purposes of that Act.

16 The land which is excepted land by virtue of paragraph 10 does not include—

(a) any means of access, as defined by section 34, or

(b) any way leading to such a means of access,

if the means of access is necessary for giving the public reasonable access to access land.

17 Land which is habitually used for the training of racehorses is not to be treated by virtue of paragraph 11 as excepted land except—

(a) between dawn and midday on any day, and

(b) at any other time when it is in use for that purpose.

Section 2.

SCHEDULE 2 Restrictions to be observed by persons exercising right of access

General restrictions

1 Section 2(1) does not entitle a person to be on any land if, in or on that land, he—

(a) drives or rides any vehicle other than an invalid carriage as defined by section 20(2) of the [1970 c. 44.] Chronically Sick and Disabled Persons Act 1970,

(b) uses a vessel or sailboard on any non-tidal water,

(c) has with him any animal other than a dog,

(d) commits any criminal offence,

(e) lights or tends a fire or does any act which is likely to cause a fire,

(f) intentionally or recklessly takes, kills, injures or disturbs any animal, bird or fish,

(g) intentionally or recklessly takes, damages or destroys any eggs or nests,

(h) feeds any livestock,

(i) bathes in any non-tidal water,

(j) engages in any operations of or connected with hunting, shooting, fishing, trapping, snaring, taking or destroying of animals, birds or fish or has with him any engine, instrument or apparatus used for hunting, shooting, fishing, trapping, snaring, taking or destroying animals, birds or fish,

(k) uses or has with him any metal detector,

(l) intentionally removes, damages or destroys any plant, shrub, tree or root or any part of a plant, shrub, tree or root,

(m) obstructs the flow of any drain or watercourse, or opens, shuts or otherwise interferes with any sluice-gate or other apparatus,

(n) without reasonable excuse, interferes with any fence, barrier or other device designed to prevent accidents to people or to enclose livestock,

(o) neglects to shut any gate or to fasten it where any means of doing so is provided, except where it is reasonable to assume that a gate is intended to be left open,

(p) affixes or writes any advertisement, bill, placard or notice,

(q) in relation to any lawful activity which persons are engaging in or are about to engage in on that or adjoining land, does anything which is intended by him to have the effect—

(i) of intimidating those persons so as to deter them or any of them from engaging in that activity,

(ii) of obstructing that activity, or

(iii) of disrupting that activity,

(r) without reasonable excuse, does anything which (whether or not intended by him to have the effect mentioned in paragraph (q)) disturbs, annoys or obstructs any persons engaged in a lawful activity on the land,

(s) engages in any organised games, or in camping, hang-gliding or para-gliding, or

(t) engages in any activity which is organised or undertaken (whether by him or another) for any commercial purpose.

2 (1) In paragraph 1(k), “metal detector” means any device designed or adapted for detecting or locating any metal or mineral in the ground.

(2) For the purposes of paragraph 1(q) and (r), activity on any occasion on the part of a person or persons on land is “lawful” if he or they may engage in the activity on the land on that occasion without committing an offence or trespassing on the land.

3 Regulations may amend paragraphs 1 and 2.

4 During the period beginning with 1st March and ending with 31st July in each year, section 2(1) does not entitle a person to be on any land if he takes, or allows to enter or remain, any dog which is not on a short lead.

5 Whatever the time of year, section 2(1) does not entitle a person to be on any land if he takes, or allows to enter or remain, any dog which is not on a short lead and which is in the vicinity of livestock.

6 In paragraphs 4 and 5, “short lead” means a lead of fixed length and of not more than two metres.

Removal or relaxation of restrictions

7 (1) The relevant authority may by direction, with the consent of the owner of any land, remove or relax any of the restrictions imposed by paragraphs 1, 4 and 5 in relation to that land, either indefinitely or during a specified period.

(2) In sub-paragraph (1), the reference to a specified period includes references—

(a) to a specified period in every calendar year, or

(b) to a period which is to be determined by the owner of the land in accordance with the direction and notified by him to the relevant authority in accordance with regulations.

(3) Regulations may make provision as to—

(a) the giving or revocation of directions under this paragraph,

(b) the variation of any direction given under this paragraph by a subsequent direction so given,

(c) the giving or revocation of consent for the purposes of sub-paragraph (1), and

(d) the steps to be taken by the relevant authority or the owner for informing the public about any direction under this paragraph or its revocation.

(4) In this paragraph—

• “the relevant authority” has the meaning given by section 21;

• “owner”, in relation to any land which is subject to a farm business tenancy within the meaning of the [1995 c. 8.] Agricultural Tenancies Act 1995 or a tenancy to which the [1986 c. 5.] Agricultural Holdings Act 1986 applies, means the tenant under that tenancy.

Dedicated land

8 In relation to land to which a dedication under section 16 relates (whether or not it would be access land apart from the dedication), the provisions of this Schedule have effect subject to the terms of the dedication.