Regulation 9 Consultation on proposals for long-term exclusions or restrictions

England and Wales

(1)

For the purposes of consulting a local access forum under section 27(1), the relevant authority shall supply the forum with F1 a copy of the notice referred to in paragraph (3).

(2)

Before giving a direction under section 28 for the purposes of defence which will, indefinitely or for a period which exceeds (or may exceed) six months, exclude or restrict the right of access in relation to any land in an area in which there is a local access forum, the Secretary of State shall consult the forum.

(3)

Where a relevant authority proposes to give a direction under section 24, 25 F2, 25A or 26, or the Secretary of State proposes to give a direction under section 28 for the purposes of defence which (in any such case) will exclude or restrict access to any land indefinitely or for a period which exceeds (or may exceed) six months, they or he, as the case may be, shall publish a notice which—

(a)

describes the area of land to which the proposed direction will relate sufficiently to identify it;

(b)

describes the nature and purpose of the proposed direction;

F3(c)

states how copies of documents relating to the proposed direction may be obtained;

(d)

states that representations with regard to the proposed direction may be made by any person in writing to the authority or the Secretary of State, as appropriate, by such date as is specified in the notice, which date shall not be earlier than a date two weeks after the date on which the notice is published by the authority or, as the case may be, the Secretary of StateF4; and

F5(e)

includes the information specified in regulation 6(1)(b) to (h)

(4)

A relevant authority or the Secretary of State shall not be required to publish a notice under paragraph (3) where they or he (as the case may be) considers that it is not in the public or defence interest that the information referred to in that paragraph should be disclosed.

(5)

The notice referred to in paragraph (3) shall be published by being made available for inspection on a website maintained by or on behalf of—

(a)

in the case of a proposed direction under section 24, 25F6, 25A or 26, the relevant authority, or

(b)

in the case of a proposed direction under section 28 for the purposes of defence, the Secretary of State,

until such time as the application for the direction in question is determined.

(6)

Where a notice is published under paragraph (3), the relevant authority or the Secretary of State (as the case may be) shall send a copy of the notice to the persons specified in the Schedule to these Regulations.

(7)

A notice referred to in paragraph (3) may relate to more than one proposal.

Annotations

Textual amendments

F1: Words in reg. 9(1) substituted for reg. 9(1)(a)(b) (1.10.2011) by The Access to the Countryside (Exclusions and Restrictions) (Amendment) (England) Regulations 2011 (S.I. 2011/2021), regs. 1(1), 6(a)
F2: Word in reg. 9(3) inserted (1.10.2011) by The Access to the Countryside (Exclusions and Restrictions) (Amendment) (England) Regulations 2011 (S.I. 2011/2021), regs. 1(1), 6(b)(i)
F3: Reg. 9(3)(c) substituted (1.10.2011) by The Access to the Countryside (Exclusions and Restrictions) (Amendment) (England) Regulations 2011 (S.I. 2011/2021), regs. 1(1), 6(b)(ii)
F4: Word in reg. 9(3)(d) substituted (1.10.2011) by The Access to the Countryside (Exclusions and Restrictions) (Amendment) (England) Regulations 2011 (S.I. 2011/2021), regs. 1(1), 6(b)(iii)
F5: Reg. 9(3)(e) added (1.10.2011) by The Access to the Countryside (Exclusions and Restrictions) (Amendment) (England) Regulations 2011 (S.I. 2011/2021), regs. 1(1), 6(b)(iv)
F6: Word in reg. 9(5)(a) inserted (1.10.2011) by The Access to the Countryside (Exclusions and Restrictions) (Amendment) (England) Regulations 2011 (S.I. 2011/2021), regs. 1(1), 6(c)