Office of Public Sector Information

PART 4 Miscellaneous provisions

Duty of appointing authority to provide information to Natural England

19.—(1) In respect of each local access forum which they establish, the appointing authority must notify Natural England in writing within 21 days of—

(a) establishing the forum under regulation 15;

(b) in the case of making any change under regulation 16 to the area in respect of which the forum has functions, the expiry of the notice period mentioned in regulation 16(1);

(c) in the case of a merger of two or more forums under regulation 17, the expiry of the notice period mentioned in regulation 17(2), (3) or (4) (as the case may be); or

(d) in the case of a termination under regulation 18 of the functions of a joint local access forum in respect of an area, the expiry of the notice period mentioned in regulation 18(2).

(2) The notification in paragraph (1)(a) must include the forum’s name, postal address, telephone number and e-mail address (where applicable, in each case), and such other information as the appointing authority considers appropriate, or as Natural England reasonably requests.

(3) The notification in paragraph (1)(b) must include—

(a) a description of the changes that have been made,

(b) a map detailing the area in respect of which each forum affected by the changes has functions, and

(c) such other information as the appointing authority considers appropriate, or as Natural England reasonably requests.

(4) The notification in paragraph (1)(c) must include the name of the forum formed by the merger, its postal address, telephone number and e-mail address (where applicable, in each case), and such other information as the appointing authorities, acting jointly, consider appropriate, or as Natural England reasonably requests.

(5) The notification in paragraph (1)(d) must include—

(a) details of the action taken by the appointing authority under regulation 14(2) relating to the land in the authority’s area in respect of which the joint local access forum formerly had functions;

(b) details of the arrangements agreed by the relevant appointing authorities under regulation 18(5); and

(c) such other information as the appointing authority considers appropriate, or as Natural England reasonably requests.

(6) In respect of each local access forum and joint local access forum which they establish, the appointing authority (or appointing authorities, in the case of a joint local access forum) must notify Natural England in writing within 21 days of—

(a) employing a secretary for the forum, or

(b) the appointing authority (or authorities) becoming aware that any of the contact details of the forum’s secretary have changed,

as the case may be.

(7) The notification under paragraph (6) must include the secretary’s name, postal address, telephone number and e-mail address (where applicable), and such other information as the appointing authority considers (or the appointing authorities jointly consider) appropriate, or as Natural England reasonably requests.

(8) In respect of each forum which they establish, the appointing authority must send a copy of the forum’s annual report to Natural England within 21 days of the report being published.

Application of these Regulations to London borough councils

20.—(1) Where a council of a London borough resolve(4) that section 94(1) applies to the council or to any part of their area, these Regulations shall, subject to the following paragraphs of this regulation, apply to the council of a London borough or to the part of their area to which the resolution relates.

(2) Regulation 3 (membership of a local access forum) shall have effect as if, in paragraphs (4) and (8), for the words “district or county council” there were substituted the words “district, county or London borough council”.

(3) Regulation 4 (terms of membership) shall have effect as if, in paragraph (4)(a), for the words “district or county council” there were substituted the words “district, county or London borough council”.

Bodies to whom advice is to be provided

21.  The following bodies are prescribed for the purposes of section 94(4)(d)—

(a) any conservation board established by the Secretary of State under section 86;

(b) any parish or town council for any part of the area in respect of which a local access forum is established; and

(c) the English Sports Council(5).

Matter as to which advice is to be provided

22.—(1) In this regulation—

(a) access to land by a person or persons will be for a “lawful” purpose on any occasion if he or they may access the land on that occasion without committing an offence or trespassing on the land; and

(b) “byway open to all traffic” has the meaning given by section 66(1) of the Wildlife and Countryside Act 1981(6).

(2) Subject to paragraph (3), the following is prescribed as an additional matter in respect of which it is the function of local access forums to advise—

• “public access to land in the area for which a forum is established for any lawful purpose other than the purposes mentioned in section 94(4)”(7).

(3) The function conferred by paragraph (2) is exercisable in relation to access by mechanically propelled vehicles only insofar as the access relates to byways open to all traffic.

Revocation of the Local Access Forums (England) Regulations 2002

23.  The Local Access Forums (England) Regulations 2002(8) are revoked.

EXPLANATORY NOTE

(This note is not part of the Regulations)

Section 94 of the Countryside and Rights of Way Act 2000 requires local highway authorities and National Park authorities to establish advisory bodies known as local access forums. The forums are required to advise certain bodies about certain public access issues.

These Regulations, which apply in relation to England only, revoke and re-enact with modifications the Local Access Forum (England) Regulations 2002. In addition to minor and drafting amendments, they make the following changes of substance.

Regulations 14 and 16 to 18 provide for: (i) changes to local access forum arrangements; (ii) changes to the area for which a forum is established; (iii) the merger of forums; and (iv) the withdrawal of one or more appointing authorities from a joint local access forum. Regulation 4(4)(c) provides for an appointing authority to terminate the appointment of any member of a forum or forums in the circumstances described in (ii), (iii) and (iv). Regulation 5 provides for re-appointment in such circumstances (as well as generally), and regulation 3(8) disapplies advertising and consultation requirements on such re-appointment.

Regulation 7(7) provides for meetings of local access forums to be closed to the public in certain circumstances. Regulation 19 requires appointing authorities to provide certain information to Natural England. Regulation 21 prescribes additional bodies for local access forums to advise. Regulation 22 prescribes an additional matter in respect of which it is the function of local access forums to advise. Regulation 23 revokes the Local Access Forums (England) Regulations 2002.

A full regulatory impact assessment has not been prepared for this instrument as no impact on the private or voluntary sectors is foreseen.